Ashok Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77810 of 2025 Arising Out of PS. Case No.-194 Year-2025 Thana- ARER District- Madhubani ====================================================== Ashok Sahani Son of Ram Ratan Sahani Resident of Village-Ektrara, P.S.- Arer, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Adv For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Arer P.S. Case No. 194 of 2025, instituted for the offences punishable under Sections 274, 275, 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 360 liters of Nepali liquor was recovered from Mango Orchard.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.77810 of 2025(2) dt.18-11-2025 2/2 that the recovery has been made from an open place, which is accessible to public at large. It is further submitted that the name of the petitioner has transpired on the basis of secret information. The petitioner is in custody since 04.10.2025 and has got two 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 Arer P.S. Case No. 194 of 2025.
(Rudra Prakash Mishra, J) krishnakant/- U T