Laloo Sahani @ Lalu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60985 of 2025 Arising Out of PS. Case No.-564 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Laloo Sahani @ Lalu Sahani S/o Bula Sahani Resident of Village- Katahan Loknathpur, Police Station- Muffasil, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Muffasil P.S. case No. 564 of 2024 instituted for the offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. Earlier, the petitioner has moved this Court for grant of anticipatory bail which was rejected by this Bench vide order dated 09.05.2025 passed in Cr. Misc. No. 30037 of 2025.

3. The prosecution case, in short, is that 70 liters liquor was recovered from e-rickshaw.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.60985 of 2025(2) dt.29-08-2025 2/3 the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither owner nor the driver of the vehicle in question. The petitioner is in custody since 05.07.2025 and has got four criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused, who is the owner of the vehicle in question, has been granted bail by this Bench vide order dated 18.01.2025 passed in Cr. Misc. No. 787 of 2025.

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 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 Muffasil

Patna High Court CR. MISC. No.60985 of 2025(2) dt.29-08-2025 3/3 P.S. case No. 564 of 2024 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 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) Pankaj/- U T