Rajeshwar Sahani @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45683 of 2026 Arising Out of PS. Case No.-132 Year-2026 Thana- Raghunathpur District- East Champaran ====================================================== Rajeshwar Sahani @ Guddu Kumar S/O Lakshman Sahni Resident of Village- Raghunathpur, P.S- Raghunathpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-07-2026 Heard the parties.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Raghunathpur P.S. Case No.132/2026 registered for the offences punishable under Sections 274 and 275 of the BNS and Sections 30 (a) and 40(i) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 130.200 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the motorcycle and the name of petitioner transpired in this case on the basis of disclosure as made by apprehended co-accused. It is further submitted that motorcycle in issue is not connected in

Patna High Court CR. MISC. No.45683 of 2026(2) dt.10-07-2026 2/2 any manner with petitioner. It is submitted that recovery was not made from conscious physical possession of the petitioner, who is a man of clean antecedent.

5. Learned APP, opposes the prayer for bail.

6. In view of aforesaid factual submission and by taking note of fact as recovery of illicit liquor prima-facie not appears to be made from the physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 01, East Champaran, Motihari/concerned trial court where the case is pending in connection with Raghunathpur P.S. Case No.132/2026 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) S.Tripathi/- U T