Chandan Sahani @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69862 of 2025 Arising Out of PS. Case No.-745 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Chandan Sahani @ Chandan Kumar Son of Baidhnath Sahani Resident of 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 For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 745 of 2023 for the offence registered under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 60 litres of country made liquor recovered from the outside of hut of coaccused Rahul Sahani. The accused persons fled away from the place of recovery who were identified by the local people and choukidar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to village politics. Petitioner was not present at the place of recovery. He has no concern with the seized liquor or

Patna High Court CR. MISC. No.69862 of 2025(2) dt.26-09-2025 2/3 place of recovery. Recovery was made from the outside of the hut of the co-accused Rahul Sahani which is an open place accessible to all. Nothing has been recovered from the conscious possession of the petitioner. He further submits that except the disclosure statement made by the local people and choukidar there is nothing incriminating against the petitioner. Similarly situated co-accused Rahul Sahani has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 22.03.2025 passed in Cr. Misc. No.7101 of 2025. Petitioner is in jail custody since 04.06.2025, having three criminal antecedents out of which one case is similar nature. The charge-sheet has already been submitted after completion of investigation and petitioner undertakes to cooperate in the 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

Patna High Court CR. MISC. No.69862 of 2025(2) dt.26-09-2025 3/3 Court No. 1, Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 745 of 2023, 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.

(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