Patna High CourtCR. MISC./61793/2025bail granted

Birlal Sahani @ Birla Sahani v. The State Of Bihar

2025-09-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61793 of 2025 Arising Out of PS. Case No.-461 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Birlal Sahani @ Birla Sahani S/o Late Jhingur Sahani R/o vill - Bardaha, P.S.- Muffasil, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raki Alam, Advocate For the State :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 461 of 2023 registered for the offence punishable under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 30 litres of country made liquor.

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

5. Earlier, in this case, the petitioner was granted anticipatory bail by a co-ordinate Bench of this Court vide

Patna High Court CR. MISC. No.61793 of 2025(2) dt.22-09-2025 2/2 order dated 09.11.2023 in Cr. Misc. No. 73868 of 2023 but he could not surrender in time for furnishing the bail bonds and he was arrested. The petitioner is in custody since 20.11.2024.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-1, East Champaran, Motihari in connection with Muffasil P.S. Case No. 461 of 2023.

8. The petitioner will also mark attendance in Muffasil Police Station, District-East Champaran on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) P. Kumar U T