Mahesh Sahani @ Mahesh Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71072 of 2025 Arising Out of PS. Case No.-304 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== Mahesh Sahani @ Mahesh Chaudhari, S/o Late Sitaram Sahani, R/o Village - Hathiyahi, P.S. - Pipra Kothi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Piprakothi P.S. Case No. 304 of 2021 for the offence registered under Sections 272, 273, 34 of the IPC and Sections 30 (a), 30(c) and 36 of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 20 litres of country made liquor and 12 kg. Nausadar recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his five criminal antecedents. Petitioner was not present on the spot. He has no concern with the alleged recovery.Nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.71072 of 2025(2) dt.08-10-2025 2/3 conscious possession of the petitioner. He further submits that there is no independent witness of the seizure list. Petitioner is in jail custody since 15.06.2025. Charge-sheet has already been submitted after completion of investigation and there is no likelihood of absconding of the petitioner or tampering with the prosecution evidence. Petitioner undertakes to cooperate in the investigation and trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, nature of allegation and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds 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. I, East Champaran at Motihari, in connection with Piprakothi P.S. Case No. 304 of 2021, with further conditions that:- (i) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.

Patna High Court CR. MISC. No.71072 of 2025(2) dt.08-10-2025 3/3 (ii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J) khushbu/- U T