← Library
Patna High CourtCR. MISC./56295/2025allowed

Vishlal Sahani @ Vishlal Sahani @ Vishal Sahani v. The State Of Bihar

2025-08-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56295 of 2025 Arising Out of PS. Case No.-321 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Vishlal Sahani @ Vishlal Sahani @ Vishal Sahani S/O Mohit Sahani Resident of Mahwa, P.S.- Sugauli, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore @ Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sugauli P.S. Case No. 321 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 30 litre country made liquor from a gallon, kept on a motorcycle on which petitioner and other co-accused were riding.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is neither owner nor driver of the said motorcycle. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the seized liquor. There is no independent witness of the seizure-list

Patna High Court CR. MISC. No.56295 of 2025(2) dt.21-08-2025 2/2 which is violation of Section 103 of B.N.S.S. Petitioner has no criminal antecedent. He is in custody since 16.06.2025. Petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties and facts and circumstances of the case, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No. 1, Motihari, East Champaran in connection with Sugauli P.S. Case No. 321 of 2025. (Sunil Dutta Mishra, J) rakhi/- U T