Patna High CourtCR. MISC./55354/2025bail granted

Nitish Sahni v. The State Of Bihar

2025-08-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55354 of 2025 Arising Out of PS. Case No.-406 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Nitish Sahni S/o Rameshwar Sahni Resident of Chichurahiya, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2025 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 Banjariya P.S. Case No. 406/2024 dated 08.12.2024 registered for the offences punishable u/s 30(a) and 41 of the Bihar Prohibition and Excise Act and Section 274 and 275 of the B.N.S.

3. As per the prosecution case, total 60 litres of illicit country-made liquor was recovered from the bush near the river.

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. The recovery is made from an open

Patna High Court CR. MISC. No.55354 of 2025(2) dt.13-08-2025 2/2 place which is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 02.06.2025.

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 Banjariya P.S. Case No. 406/2024.

7. The application stands allowed.

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