Dev Narayan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51592 of 2025 Arising Out of PS. Case No.-233 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Dev Narayan Sahni S/o Mahendra Sahni, R/o Village- Musapur, P.S.- Mahisaur, District- Vaishali.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 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 Jandaha P.S. Case No. 233 of 2025 dated 30.05.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 133.20 litres of illicit Indian made foreign liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There was non-compliance with
Patna High Court CR. MISC. No.51592 of 2025(2) dt.30-07-2025 2/2 mandatory procedure prescribed for recovery under Section 103 of BNSS. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 31.05.2025.
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, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1cum-District & Additional Session Judge, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 233 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shahnawaz/- U T