Patna High CourtCR. MISC./76698/2025bail granted

Samal Kumar @ Samal Kumar Sahani v. The State Of Bihar

2025-11-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76698 of 2025 Arising Out of PS. Case No.-420 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Samal Kumar @ Samal Kumar Sahani S/o Dasrath Sahani @ Dashrath Sahani R/o Village- Ijra, P.S.- Sangrampur, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sangrampur P.S. Case No. 420 of 2023 instituted for the offences punishable under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 9 liters liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.76698 of 2025(2) dt.12-11-2025 2/2 with the alleged recovery of liquor. The name of the petitioner has transpired as being owner of the motorcycle in question and the said recovery of liquor was planted due to extraneous consideration. The petitioner is in custody since 25.08.2025 and has got three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sangrampur P.S. Case No. 420 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T