Indal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53367 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- KHIRHAR District- Madhubani ====================================================== 1.

Indal Sahni S/o- Late Parikshan Sahni R/O- Village- Fulkahi, P.S.- Raiyam, District- Darbhanga.

2.

Manoj Sahni S/o- Prabhu SAhni R/O- Village- Fulkahi, P.S.- Raiyam, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Khirhar PS Case No. 48 of 2025 instituted for the offences under Sections 274, 275, 317(5), 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 180 litres of Nepali liquor was recovered from Tempo bearing Regd No. BR30P-2533.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.53367 of 2025(2) dt.11-08-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver and petitioner no. 2 is sitting as passenger in the seized vehicle and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 05.06.2025. The petitioners have no criminal antecedent. 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- ( Rupees Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khirhar PS Case No. 48 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T