Munna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57341 of 2025 Arising Out of PS. Case No.-573 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Munna Sahani S/o Dhanak Nath Sahani @ Dank Nath Sahani, R/o VillageGorigawa, P.S.- Sugauli, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate.

Mr. Sumit Kumar Gupta, Advocate.

Ms. Isha Mishra, Advocate.

For the Opposite Party/s :

Mr. Murli Dhar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 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 Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 20 litre illicit country made liquor kept in the gallon which was thrown by the petitioner in the river.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion due to his criminal antecedents. He further submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. Learned counsel submits that the name of petitioner surfaced in this case on the basis of

Patna High Court CR. MISC. No.57341 of 2025(3) dt.25-09-2025 2/3 disclosure made by the local Chaukidar with ulterior motive. He further submits that petitioner has no concern with the alleged seized liquor. Learned counsel submits that there is no independent witness to the seizure list. He further submits that petitioner is in custody since 18.05.2025, having seven criminal antecedents of similar nature, in which he is on bail in all the cases and charge sheet had already been submitted in this case after completion of investigation. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he 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 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 Sugauli P.S. Case No.573 of 2024 with following conditions:- (i) The petitioner shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail

Patna High Court CR. MISC. No.57341 of 2025(3) dt.25-09-2025 3/3 cancellation of his bail bonds by the learned Trial Court; (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 bonds;

(iii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J) Ritik/- U T