Ashok Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45711 of 2025 Arising Out of PS. Case No.-306 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Ashok Sahni S/o Ram Kishun Sahni R/o Village- Baira, Gumani Tola, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Murari Narain Chaudhary, Advocate For the State :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 414 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 1413 litres illicit Nepali liquor was recovered from different vehicles and petitioner is registered owner of one of the seized vehicle from which 135 litres illicit liquor was recovered.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and has been made an accused in

Patna High Court CR. MISC. No.45711 of 2025(2) dt.22-08-2025 2/2 this case merely because he happens to be owner of the vehicle in question. It is further submitted that without the knowledge and consent of this petitioner, the illicit spirit was being transported in his vehicle. Moreover, charge-sheet has already been submitted and petitioner is in custody since 30.04.2025.

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

6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise Court), Madhubani in connection with Jaynagar P.S. Case No. 306 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T