Patna High CourtCR. MISC./88166/2025bail granted

Kanhai Sahani v. The State Of Bihar

2025-12-23Mr. Justice Ajit Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88166 of 2025 Arising Out of PS. Case No.-85 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== 1.

Kanhai Sahani S/O Dukhi Sahani Resident of Village- Indrawara, Kothiya, P.S- Tajpur (Halai O.P.), District- Samastipur. 2.

Ajeet Sahani @ Babajee S/O Ram Padarath Sahni Resident of Village- Indrawara, Kothiya, P.S- Tajpur (Halai O.P.), District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s:

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are seeking bail in connection with Tajpur (Halai O.P.) P.S. Case No.85 of 2019, dated 02.04.2019 registered for the offences under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. According to the FIR, 2623 liters of illicit liquor is said to have been recovered from a truck.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case merely on the basis of secret information. No recovery has been made from the petitioners or from their

Patna High Court CR. MISC. No.88166 of 2025(2) dt.23-12-2025 2/2 constructive possession. It is further submitted that the petitioners have no connection with the seized liquor or the vehicle and are not the owners of the seized vehicle. The petitioners have been in judicial custody since 04.11.2025. Lastly, it is submitted that the petitioners have two criminal antecedents, in which they are on bail.

5. Learned APP for the State vehemently opposed the prayer for bail.

6. Regard being had to the submission made by the parties, and taking into consideration the period of judicial custody of the petitioners, accordingly, this Court is inclined to grant regular bail to the petitioners.

7. Let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Samastipur/ Successor Court, in connection with Tajpur (Halai O.P.) P.S. Case No.419 of 2025.

(Ajit Kumar, J) shikha/- U