Dipak Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45955 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- Pachpakdi District- East Champaran ====================================================== 1.

Dipak Sahani S/o Prem Sahani R/o village - Belwa Narkatiya, P S - Piprahi, District - Sheohar 2.

Surendra Sahani S/o Late Ramchandra Sahani R/o village - Belwa Narkatiya, P S - Piprahi, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Pachpakari P.S. Case No. 76/2025 dated 02.05.2025 registered for the offences punishable u/s 30(a) and 41(1) of the Bihar Prohibition and Excise Act and Section 317(5) of the B.N.S.

3. As per the prosecution case, total 263.400 litres of illicit Nepali country-made liquor was recovered from the two motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was transpired in this case

Patna High Court CR. MISC. No.45955 of 2025(3) dt.31-07-2025 2/2 merely on suspicion. The petitioners are not the owner of the seized vehicles and they have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The co-accused person has already been granted regular bail by this court vide order dated 08.07.2025 passed in Cr. Misc. No. 43011/2025. The petitioner no. 1 has two criminal antecedents whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 03.05.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Pachpakari P.S. Case No. 76/2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T