Shiv Sahani @ Shiv Sagar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53109 of 2025 Arising Out of PS. Case No.-219 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Shiv Sahani @ Shiv Sagar Sahani S/O- Badar Sahani @ Bodar Sahani Village- Damobriti Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Harsidhi PS Case No. 219 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 210 litres of country made liquor was recovered from the bank of river.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to

Patna High Court CR. MISC. No.53109 of 2025(2) dt.01-08-2025 2/2 one and all. It is further submitted that apprehended co-accused disclosed the name of the petitioner. The petitioner is in custody since 14.06.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Similarly situated co-accused has been granted bail by this Court vide order dated 18.06.2025 passed in Cr. Misc. No. 37526 of 2025.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

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

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi PS Case No. 219 of 2025.

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