Bechan Shahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58450 of 2025 Arising Out of PS. Case No.-422 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Bechan Shahni Son of Ramchandra Sahani Resident of Village - Jhakhiya, Police Station - Banjariya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Sheela Pandey, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 272, 273 of I.P.C. and Sections 30(a), 32, 34, 36 and 41(1) of the Bihar Prohibition and Excise Act.

3. There is recovery of 105 litres country made liquor, four copper pipe and two gas cylinders from the bank of Danauti river, Jhakiya. Petitioner and other co-accused person were alleged to have indulged in manufacturing illicit liquor and they fled away on seeing the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to dirty politics of the locality. Nothing has been recovered from conscious possession of the petitioner. The name

Patna High Court CR. MISC. No.58450 of 2025(3) dt.03-09-2025 2/2 of petitioner has been disclosed by chaukidar. The alleged recovery has been made from the bank of a river which is open place accessible to anyone. Petitioner has no concern with the seized liquor or the materials. There is no independent witness of the seizure list. After competition of investigation, the charge sheet has already been submitted and there is no chance of tampering with the evidence or absconding of the petitioner. Petitioner has seven criminal antecedents in which he is on bail. Petitioner is in jail since 01.05.2025 and he undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise, Court No.1, East Champaran at Motihari in connection with Turkauliya (B) P.S. Case No.422 of 2023. (Sunil Dutta Mishra, J) Harish/- U T