Arjun Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55932 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Arjun Sahani S/o Chandrika Sahani @ Bhuta Sahani R/o Village - Jhakhiya, P.S - Banjariya, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, 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 Banjariya P.S. Case No. 146 of 2025 for the offences registered under Sections 274 and 275 of B.N.S. and Section 30(a), 41 of the Bihar Prohibition & Excise Act.
3. There is recovery of 135 litre foreign liquor from the bank of Jhakia river.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case at the instance of local Chaukidar that he fled away from the spot. Petitioner was not arrested from the spot. Recovery has been made from the bank of river which is an open place, which is easily accessible to the general public. Nothing has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.55932 of 2025(2) dt.21-08-2025 2/2 Charge-sheet has already been submitted. There is no chance of tampering with the evidence or absconding the petitioner. Petitioner has three criminal antecedents. He is in custody since 14.06.2025. 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 Exclusive Special, Excise Court No. 1, Civil Court, East Champaran at Motihari in connection with Banjariya P.S. Case No. 146 of 2025. (Sunil Dutta Mishra, J) rakhi/- U T