Patna High CourtCR. MISC./82190/2025bail granted

Baiju Sahani v. The State Of Bihar

2025-12-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82190 of 2025 Arising Out of PS. Case No.-451 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Baiju Sahani S/o Bathu Sahani R/o vill - Chand Parana, Ward No.11, P.S.- Minapur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Pandey, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Banjariya P.S. Case No. 451 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 23.400 litres of liquor has been recovered from suitcase.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the suit case on a bypass road an open place which is

Patna High Court CR. MISC. No.82190 of 2025(2) dt.02-12-2025 2/2 accessible to public at large. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 24.08.2025 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Banjariya P.S. Case No. 451 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T