Anil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57873 of 2025 Arising Out of PS. Case No.-62 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Anil Sahani, S/o Upendra Sahani Resident of Village- Jhakhiya, P.S.- Banjariya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 62 of 2023 for the offence registered under Sections 272, 273, 34 of the IPC and Sections 30 (a), 32, 34, 36, 41(1), 44 and 45 of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, there is recovery of 290 litres of country made liquor along with other materials used for making the illicit liquor from the bank of the river Jhakhiya Chhat Ghat. It is alleged that the petitioner along with six co-accused persons fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.57873 of 2025(3) dt.17-09-2025 2/2 case on the basis of suspicion. He was neither arrested on the spot nor any incriminating material was recovered from the conscious possession of the petitioner. The place of recovery is an open place accessible to public at large. Petitioner has one criminal antecedent in which he is on bail. Charge-sheet has already been submitted and there is no likelihood of absconding of the petitioner or tampering with the evidence. Petitioner undertakes to co-operate in the trial of the case.

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, the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 62 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U