Bhutan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53299 of 2025 Arising Out of PS. Case No.-297 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Bhutan Sahani S/o Chalitar Sahni @ Chalitar Sahani R/o Vill- Sapahi Britiya, Hirapatti, P.S.- Raghunathpur, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2025 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. 297 of 2025 dated 29.05.2025 registered for the offences punishable u/ss 274 and 275 of the B.N.S. and u/ss 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 70 litres of illicit country made liquor was recovered from the bank of the Dhanauti river.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no
Patna High Court CR. MISC. No.53299 of 2025(2) dt.06-08-2025 2/2 concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.05.2025.
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 at Motihari in connection with Banjariya P.S. Case No. 297 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T