Prakash Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47395 of 2025 Arising Out of PS. Case No.-98 Year-2024 Thana- DEODHA District- Madhubani ====================================================== Prakash Sahni S/o Chadi Sahni Resident of village- Godhiyari, Raghopur Balat, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Deodha PS Case No. 98 of 2024 instituted for the offences under Sections 274, 275, 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 540 litres of Nepali liquor was recovered from four Motorcycles and Scorpio out of which 108 litres was recovered from petitioner's motorcycle.

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 the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.47395 of 2025(2) dt.23-07-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that the name of the petitioner has transpired as being owner of the motorcycle bearing Chasis No. MBLHAW-236PHGB4281, and Engine No. HA11EBPHG80183. It is further submitted that the motorcycle of the petitoner get stolen on 24.10.2024 while case was registered on 11.11.2024. The petitioner is in custody since 04.06.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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, clean antecedent of the petitioner 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 Deodha PS Case No. 98 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T