Pinkesh Kumar @ Vishwaman Sahni @ Vishuman Sahni @ Pinkesh Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83235 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== Pinkesh Kumar @ Vishwaman Sahni @ Vishuman Sahni @ Pinkesh Kumar Sahni S/o Ram Sakal Sahni @ Kapal Sahni R/o village - Amsaar , Police Station - Khanpur , District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khanpur P.S. Case No. 216 of 2024 instituted for the offences punishable under Sections 111, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and 30(a), 36, 41(1)(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 781.2 litres of liquor was recovered from pickup vehicle.

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. Learned counsel further submitted that petitioner is in no manner connected with the vehicle in

Patna High Court CR. MISC. No.83235 of 2025(2) dt.04-12-2025 2/2 question or the alleged recovery of liquor. The petitioner is in custody since 29.10.2025 and has one criminal antecedent. 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 Khanpur P.S. Case No. 216 of 2024.

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