Chandeshwar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41157 of 2025 Arising Out of PS. Case No.-185 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Chandeshwar Sahani S/O Late Kedar Sahani R/O Vill.- Mehwa, P.s.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 185 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, the police has recovered total 110 liters of illicit country-made liquor from the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to village politics. He further submits that nothing incriminating has been recovered from the conscious possession

Patna High Court CR. MISC. No.41157 of 2025(2) dt.03-07-2025 2/2 of the petitioner. The petitioner has no concern with the seized liquor. The alleged motorcycle does not belong to the petitioner. The name of the petitioner has transpired in this case on the basis of the disclosures made by the local Chaukidar. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.04.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Sugauli P.S. Case No. 185 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T