Rama Sahani @ Sharma Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57967 of 2025 Arising Out of PS. Case No.-133 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== RAMA SAHANI @ SHARMA KUMAR Son of Prabhu Sahani Resident of Village - Chailaha Kothi, P.S.- Banjariya, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Banjariya P.S. Case No. 133/2025 dated 01.03.2025 registered for the offences punishable u/ss 274 and 275 of B.N.S. and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 70 litres of illicit country-made liquor was recovered from the bush near the bank of Khadwa river.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery is made from an open
Patna High Court CR. MISC. No.57967 of 2025(2) dt.30-08-2025 2/2 place which is accessible to anyone. The petitioner has no concern with the alleged recovery. The other co-accused person has already been granted bail by this court vide order dated 31.07.2025 passed in Cr. Misc. No. 51750/2025. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Banjariya P.S. Case No. 133/2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T