Munna Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46143 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- EXCISE ARERAJ District- East Champaran ====================================================== 1.

Munna Sahni S/o- Ram Pyare Sahni Village- Purainadih W.No-3, P.SDumariya Ghat , District-East Champaran 2.

Lalan Mahto S/o- Badhai Mahto Village- Purainadih W.No-3, P.S-Dumariya Ghat , District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Excise Areraj PS Case No. 88 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 total 50 litres of country made liquor was recovered from Motorcycle bearing Registration No. BR06BA-4408.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.46143 of 2025(2) dt.21-07-2025 2/2 submitted that motorcycle in question does not belong to the petitioners. The petitioners are in custody since 05.05.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

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

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

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Areraj PS Case No. 88 of 2025.

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