Subodh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58486 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Subodh Sahani S/O Kishori Sahani Resident of Village- Mehwa, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 30 litres country made liquor from sack thrown by the petitioner in sugarcane field and petitioner is alleged to have fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. Petitioner was neither apprehended on the spot nor any incriminating article has been recovered from conscious possession of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery. Charge sheet has already been submitted after

Patna High Court CR. MISC. No.58486 of 2025(2) dt.10-09-2025 2/2 investigation and there is no chance of tampering with the evidence or absconding the petitioner. Petitioner has one criminal antecedent of different nature in which he has been acquitted. Petitioner is in jail since 10.05.2025 and he undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner 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 Exclusive Special Judge, Excise Court No.1, East Champaran at Motihari in connection with Trial No.1037 of 2025 arising out of Sugauli P.S. Case No.36 of 2025.

(Sunil Dutta Mishra, J) Harish/- U T