Patna High CourtCR. MISC./80830/2025bail granted

Umesh Sahani v. The State Of Bihar

2025-12-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80830 of 2025 Arising Out of PS. Case No.-767 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Umesh Sahani S/o- Dhrup Sahani R/v- Jhakhiya PS- Banjariya District East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-12-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 767 of 2023 dated 07.07.2023 for the offences punishable u/ss 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 160 litres of illicit country made liquor and 5000 litres of raw materials were recovered from the bank of Jhakhiya.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.80830 of 2025(2) dt.08-12-2025 2/2 recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 01.02.2024 passed in Cr. Misc. No. 1542/2024. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 11.08.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 767 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T