Patna High CourtCR. MISC./43135/2025bail granted

Sunil Sahani @ Sunil Kumar Sahani v. The State Of Bihar

2025-07-10Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43135 of 2025 Arising Out of PS. Case No.-339 Year-2024 Thana- GUTHANI District- Siwan ====================================================== Sunil Sahani @ Sunil kumar Sahani Son of Subedar Sahani Resident of Village- Mishrauli, P.S.- Guthani, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-07-2025 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner and Mr. Rajesh Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Guthani P.S. Case No. 339 of 2024, F.I.R. dated 19.02.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. According to prosecution case, during vehicle checking at Guthni Chowk with the police force, two motorcyclists started running away leaving their motorcycles towards Uttar Pradesh, which was done with the help of the police force but both the persons absconded. When the deposit was searched in front of the police force, 45 litres of Bunty Babli country made liquor was recovered from the sack tied to the seat of the first motorcycle bearing Registration No.

2/4 UP53AD-1712 and 45 litres of Bunty Babli country made liquor was recovered from the sack tied to the seat of the second motorcycle UP52BN-6545. The said recovered illicit liqour and both motorcycles were duly seized.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the FIR as well as seizure list that nothing has been recovered from conscious possession of the petitioner and the recovery has been made from the motorcycle and bolero vehicle in question. Learned counsel for the petitioner submits that the petitioner has no concern at all with the alleged recovery of illicit liquor and he has been made accused on the ground that he is the registered owner of the motorcycle bearing Registration No. UP53AD1712 from which the 45 litres of IMFL liqour was recovered.

5. The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail and submits that the recovery has been made from the motorcycle of the petitioner.

6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent, nothing has been recovered from conscious possession of the petitioner and petitioner has

3/4 been made accused in the present case merely on the ground that he is owner of one of the motorcycle in question, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. I, Siwan in connection with Guthani P.S. Case No. 339 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i.

Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage

4/4 it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) Raj Ranjan/- U T