Sunil Sahani @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37665 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Sunil Sahani @ Sunil Kumar son of Ramayodhya Sahani village- Kubara Pakariya, Ps- Harsidhi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Harsidhi PS Case No. 147 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 100 liters country made liquor was recovered from near the bank of river. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one

Patna High Court CR. MISC. No.37665 of 2025(2) dt.18-06-2025 2/2 and all. The petitioner is in custody since 01-04-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi PS Case No. 147 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T