Bachchan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55968 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Bachchan Sahani S/o Ram Chandra Sahani R/o Vill - Jhakhiya, P.S. - Banjariya, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Sheela Pandey, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered under Sections 30(a) and 41 of Bihar Prohibition and Excise Act.
3. As per the prosecution case, 265 litres of illicit liquor was recovered from the bank of Jhakhiya River. Coaccused Ramad Sahani apprehended on the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his ten criminal antecedents. Further submission is that petitioner was not apprehended on the spot but on the identification of local chaukidar, his name along with other accused persons came in the present case. Petitioner has no
Patna High Court CR. MISC. No.55968 of 2025(4) dt.09-10-2025 2/3 concern with the seized liquor and nothing has been recovered from conscious possession of the petitioner. There is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 22.04.2025 and he undertakes to cooperate in the trial.
5. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Banjariya P.S. Case No.29 of 2025 with further conditions:- (i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bond;
Patna High Court CR. MISC. No.55968 of 2025(4) dt.09-10-2025 3/3 (iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bond. (Sunil Dutta Mishra, J) utkarsh/- U T