Patna High CourtCR. MISC./46473/2025bail granted

Ashok Sahani v. The State Of Bihar

2025-08-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46473 of 2025 Arising Out of PS. Case No.-305 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== Ashok Sahani S/o- Ramashrey Sahani Resident of Village - Mungrahan, P.S. - Manjhagarh, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bijay Prakash Singh, Advocate For the State :

Ms. Suman Kumari Singh, 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 414 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 215 litres illicit liquor was recovered from the seized car.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the vehicles in question. No incriminating article has been recovered from conscious possession of this petitioner and has been made an accused in this case merely on suspicion. It is further submitted that charge-

Patna High Court CR. MISC. No.46473 of 2025(2) dt.22-08-2025 2/2 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 Additional District and Sessions Judgecum-Special Judge, Excise Court No. 1, Gopalganj in connection with Manjhagarh P.S. Case No. 305 of 2022. (Prabhat Kumar Singh, J) shashank/- U T