Chuman Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47387 of 2025 Arising Out of PS. Case No.-2247 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Chuman Sahni Son of Lalbabu Sahni @ Bahram Sahani @ Baliram Sahani Resident of Village - Majhariya, 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, Advocate For the Opposite Party/s :

Mr. Bharat Lal, 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 Excise Motihari PS Case No. 2247 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 600 litres of country made liquor was recovered from Mahindra Bolero vehicle bearing Registration No. BR06P-3072. 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 no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized

Patna High Court CR. MISC. No.47387 of 2025(2) dt.23-07-2025 2/3 vehicle. It is further submitted that the name of the petitioner has transpired on secret information. The petitioner is in custody since 15.05.2025 and has got thirteen criminal antecedents. 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 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, after framing of charge if not already framed 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 Excise Motihar PS Case No. 2247 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) The petitioner shall not leave the territorial

Patna High Court CR. MISC. No.47387 of 2025(2) dt.23-07-2025 3/3 jurisdiction of the Court below without its proper permission. (Rudra Prakash Mishra, J) Raj Ranjan/- U T