Dinesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56560 of 2025 Arising Out of PS. Case No.-370 Year-2025 Thana- Excise P.S. District- Sitamarhi ====================================================== 1.

Dinesh Sahni S/o Ramchandra Sahni, R/o Village- Piprahi Punarvas, P.S.- Purnahia, Dist- Sheohar.

2.

Vigan Sahni S/o Late Lakshman Sahni, R/o Village - Piprahi Punarvas, P.S - Purnahia, District - Sheohar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Excise P.S. Case No.370 of 2025, registered for the offences punishable under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is total recovery of 1026 litre Nepali Saufi liquor which were kept in bag from the two motorcycles bearing Registration No. BR-55D-7788 and BR-55E-5228. The petitioners alongwith other co-accused persons were apprehended on spot with their motorcycle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.56560 of 2025(3) dt.11-09-2025 2/3 case. He further submits that there is no recovery of seized liquor from the motorcycle of petitioners rather the same has been recovered from the road and only due to the fact that motorcycles were parked near the place of occurrence, the motorcycles were seized and they were apprehended. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioners and they are not the owner of seized motorcycles. Learned counsel submits that similarly situated co-accused person, namely, Rakesh Sahni had already been granted regular bail by the Co-ordinate Bench of this Court vide order dated 05.08.2025 passed in Cr. Misc. No.52878 of 2025. He further submits that petitioners are in custody since 06.06.2025, petitioner no.

1 has three criminal antecedents, in which he is on bail and petitioner no.2 has one criminal antecedent. Learned counsel submits that there is no likelihood of absconding the petitioners or tampering with the evidence and they undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioners, above named, be released

Patna High Court CR. MISC. No.56560 of 2025(3) dt.11-09-2025 3/3 on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.II, Sitamarhi in connection with Excise P.S. Case No.370 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T