Surendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58624 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- Raghunathpur District- East Champaran ====================================================== Surendra Sahani Son of Rameshwar Sahani R/o Village- Majhariya ,P.SRaghunath Pur ,District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. There is recovery of 200 litres country made liquor from the bush near the bank of Baluahi Man. The accused persons including petitioner are alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of secret information. Petitioner was not apprehended on the spot. Nothing has been recovered from conscious possession or from the house of the petitioner.

Patna High Court CR. MISC. No.58624 of 2025(2) dt.10-09-2025 2/2 Petitioner has no concern with the seized liquor. The alleged recovery has been made from the bush near Baluahi Man which is open place accessible to public at large. Charge sheet has already been submitted after investigation and there is no chance of tampering with the evidence or absconding the petitioner. Petitioner has one criminal antecedent of similar nature in which he is on bail. Petitioner is in jail since 21.06.2025 and he undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner 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 Exclusive Special Excise Court No.1, East Champaran at Motihari in connection with Raghunathpur P.S. Case No.104 of 2025.

(Sunil Dutta Mishra, J) Harish/- U T