Misho Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46030 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- EXCISE MANJHAUL District- Begusarai ====================================================== Misho Sahni S/o Late Balo Sahni R/o Village- Mahadev Sthan, P.S.- Cheria Bariyarpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Manjhaul Excise PS Case No. 73 of 2025 instituted for the offences under Section/s 30(a), 30(c) & 32(1) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 110 liters country made liquor was recovered from Kabila Chaur. It is also alleged that 420 litres fermented country made liquor was destroyed.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.46030 of 2025(2) dt.17-07-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 16-06-2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manjhaul Excise PS Case No. 73 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T