Mishri Sahni @ Mishrilal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57890 of 2025 Arising Out of PS. Case No.-650 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Mishri Sahni @ Mishrilal Sahani S/o Late Santu Sahani R/o Village - Damobriti, P.S - Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Harsha Shaswat, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Harsidhi PS Case No. 650 of 2022 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 272 & 273 of the Indian Penal Code (for short 'IPC').

3.

The prosecution case, in short, is that 270 liters country made liquor was recovered from Chawar. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.57890 of 2025(5) dt.13-11-2025 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that name of the petitioner is disclosed by local chowkidar. Learned counsel for the petitioner submits that recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 02.07.2025 and has got seven criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi PS Case No. 650 of 2022, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.57890 of 2025(5) dt.13-11-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T