Munna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54139 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- MANJHI District- Saran ====================================================== 1.

Munna Sahani S/O Anirudh Sahani Resident of Village- Phulwariya, P.S.- Manjhi, Dist.- Saran at Chapra 2.

Jitendra Sahani S/O Doman Sahani @ Doman Mallah Resident of VillagePhulwariya, P.S.- Manjhi, Dist.- Saran at Chapra 3.

Rahul Sahani S/O Bhola Sahani Resident of Village- Phulwariya, P.S.- Manjhi, Dist.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Adv.

For the Opposite Party/s :

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

2.

The petitioners apprehend their arrest in connection with connection with Manjhi PS Case No. 59 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 129.6 litres of liquor was recovered from motorcycle. 4.

Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case merely on the basis of suspicion. The name of the petitioners

Patna High Court CR. MISC. No.54139 of 2025(2) dt.08-08-2025 2/3 transpired in this case on the basis of confessional statement of apprehended co-accused Dinesh Sahani. Learned counsel for the petitioners submits that petitioners are not the owner of the said seized motorcycle. Learned counsel for the petitioners, therefore, contends that prima-facie no case is made out against the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioners have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 01-05-2025, passed in Cr. Misc. No. 28158 of 2025. He further submits that co-accused Rupak Kumar Yadav has also been granted anticipatory bail by this Court vide order dated 01.07.2025 passed in Cr. Misc. No. 43652 of 2025.

5.

Learned APP 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, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.54139 of 2025(2) dt.08-08-2025 3/3 below/concerned Court in connection with Manjhi P.S. Case No. 59 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) rishi/- U T