Mantu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42331 of 2026 Arising Out of PS. Case No.-155 Year-2026 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Mantu Sahani S/o- Lalan Sahani R/v- Damovriti Ps- Harsidhi Dist- East Champaran 2.

Sandeep Kumar S/o- Arvind Ram R/v- Damovriti Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishal Prasad, Advocate Ms. Tripti Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 27-07-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Turkauliya P.S. Case No. 155 of 2026, for the offence punishable under Sections 274, 275 and 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The prosecution case in brief is that the informant received a secret information that the petitioners were about to bring illicit liquor from near Turkaulia East Canal. On 5.30 pm, a motorcycle was seen approaching from the Parsurampur canal who were apprehended and upon search total 200 liters of

Patna High Court CR. MISC. No.42331 of 2026(3) dt.27-07-2026 2/3 country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioners submits that the petitioners are in custody since 20.03.2026 and have falsely been implicated in this case. Counsel further submits that the seized motorcycles do not belong to the petitioners and there is no recovery made from possession of the petitioners.

5. Learned APP for the State vehemently opposes the prayer for regular bail of the petitioner taking into account that petitioners are habitual offenders having criminal antecedents.

6. Having heard the parties and taking into account that the petitioners are in custody since 20.03.2026 and undertake to cooperate in the framing of charges, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the likewise amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Civil Court, East Champaran at Motihari, in connection with Turkauliya P.S. Case No. 155 of 2026, subject to the following conditions:

(I) One of the bailors shall be the petitioners' own or close member.

(II) The petitioners shall appear on each and every date fixed during the trial and also co-operate in the process of

Patna High Court CR. MISC. No.42331 of 2026(3) dt.27-07-2026 3/3 trial.

(III) The petitioners shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

(IV) The Petitioners shall not commit offence of a similar nature in future.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioners.

(Alok Kumar, J) khushbu/- U T