Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73634 of 2025 Arising Out of PS. Case No.-420 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Santosh Sahani, Son of Kapildev Sahani, Resident of Village - Bhediyari, P.S. - Sugauli, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjwal Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-10-2025 Heard Mr. Ujjwal Kumar Singh, learned counsel for the petitioner and Mr. Tarkeshwar Nath Thakur, learned APP for the State.

2. Petitioner seeks regular bail in connection with Sugauli P.S. Case No. 420 of 2025 dated 01.08.2025 registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 260 litres of illicit country-made liquor as well as recovery of large quantity of raw material purportedly used in manufacturing of illicit liquor but the petitioner was not arrested at the spot and as per the FIR, some persons, upon seeing the police party, managed to escape and thereafter, the local Chowkidar disclosed

Patna High Court CR. MISC. No.73634 of 2025(2) dt.16-10-2025 2/3 the names of the escaped persons, among whom the name of this petitioner also surfaced and except this disclosure made by the local Chowkidar, there is nothing to show the petitioner's role in the manufacturing of the illicit liquor as well as storing of liquor at the alleged place of recovery. It is further submitted that the petitioner's past is completely clean and he has never remained involved in any activity similar to the present matter and he has been languishing in jail since 08.09.2025. It is lastly submitted that the seizure list witnesses are police personnel and there is no independent witness to the alleged recovery.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Considering the above stated facts and mainly the petitioner's fair and clean antecedent and also the fact that the petitioner was not apprehended at the spot and his name surfaced in the alleged crime mainly on the basis of the disclosure made by the local chowkidar and local persons who are said to have gathered at the alleged place but the names of the said local persons have not been disclosed in the FIR, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

Patna High Court CR. MISC. No.73634 of 2025(2) dt.16-10-2025 3/3 sureties of the like amount each to the satisfaction of the court concerned in connection with Sugauli P.S. Case No. 420 of 2025.

(Shailendra Singh, J) annu/- U T