← Library
Patna High CourtCR. MISC./79776/2025bail granted

Lalbabu Sahani v. The State Of Bihar

2025-11-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79776 of 2025 Arising Out of PS. Case No.-335 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Lalbabu Sahani S/o Girja Sahani R/o Village- Jaisinghpur Ghoraghat, P.STurkauliya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Turkaulia P.S. Case No. 335 of 2025, instituted for the offences punishable under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 108 liters of country made liquor was recovered from bamboo grove.

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. Learned counsel

Patna High Court CR. MISC. No.79776 of 2025(2) dt.25-11-2025 2/2 for the petitioner submits that the recovery is made from an open place, which is accessible to one and all. It is also submitted that co-accused disclosed the name of the petitioner. The petitioner is in custody since 11.09.2025 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 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 Turkaulia P.S. Case No. 335 of 2025.

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