Raj Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78858 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- Lalamnia District- Madhubani ====================================================== Raj Kumar Sahni Son of Lakhan Sahni (Wrongly mentioned in I.O.), Resident of village - Mahanthpatti, Mirjapur, P.S.- Rajnagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv For the Opposite Party/s :

Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lalmania P.S. Case No. 49 of 2025 dated 31.08.2025 G.R. No. 533 of 2025, instituted for the offences punishable under Sections 274, 275 B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 61.8 liters of Nepali liquor was recovered from motorcycle and petitioner was arrested on spot.

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

Patna High Court CR. MISC. No.78858 of 2025(2) dt.20-11-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that local people disclosed the name of the petitioner. Petitioner's name has transpired only on the basis of suspicion. The petitioner is in custody since 01.09.2025 and has got clean antecedent. 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, clean antecedent of the petitioner 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 Lalmania P.S. Case No. 49 of 2025 dated 31.08.2025 G.R. No. 533 of 2025. (Rudra Prakash Mishra, J) krishnakant/- U T