Bhola Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50334 of 2025 Arising Out of PS. Case No.-2247 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Bhola Sahni S/o Bhagwan Sahni R/o Village- Jhakhiya Nayka Tola, P.S.- Banjariya, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Usha Kumari, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Excise P.S. Case No. 2247 of 2024 dated 27.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 600 litres of illicit country-made liquor was recovered from the Bolero vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle as stated in para-12 of the bail petition. Nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.50334 of 2025(3) dt.12-08-2025 2/2 petitioner. The petitioner has no concern with the alleged recovery. The petitioner has ten criminal antecedents in which he is on bail in all cases as stated in para-2 of the supplementary-affidavit filed on behalf of the petitioner. The petitioner is in custody since 15.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Motihari Excise P.S. Case No. 2247 of 2024, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T