Mukesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78572 of 2025 Arising Out of PS. Case No.-267 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Mukesh Sahani S/o- Late Chhadari Sahani R/v- Jhakhiya Ps- Banjariya DistEast Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== 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 Banjariya P.S. case No. 267 of 2025 instituted for the offences under Sections 274, 275 of Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 175 liters liquor was recovered from the bank of river.

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

Patna High Court CR. MISC. No.78572 of 2025(2) dt.20-11-2025 2/3 further submitted that recovery is made from open place which is easily accessible to one and all. The petitioner is in custody since 23.08.2025 and has got eight criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The petitioner has eight criminal antecedents, as such, he does not deserve bail.

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, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banjariya P.S. case No. 267 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.78572 of 2025(2) dt.20-11-2025 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U