Nepali Sahni @ Nepali Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1423 of 2025 Arising Out of PS. Case No.-846 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Nepali Sahni @ Nepali Sahani Son of Late Sahdeao Sahni @ Sahadeo Sahani Resident of Village- Ismailpur, PS- Hajipur Sadar, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aniket Singh, Advocate For the Opposite Party/s :
Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Hajipur Sadar P.S. Case No. 846 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 150 litres of IMFL/country made liquor from the alleged vehicle.
Patna High Court CR. MISC. No.1423 of 2025(2) dt.05-02-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that this petitioner not appears connected in any manner with recovered illicit liquor and also with three wheeler which found carrying said liquor. It is submitted that mere on the basis of suspicion arising out of secret input information, the name of this petitioner transpired in this case, where in furtherance of which, no incriminating material appears recovered/surfaced suggesting involvement of petitioner with alleged recovered illicit liquor. The petitioner claims to be a man of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.1423 of 2025(2) dt.05-02-2025 3/3 the learned Exclusive Special Excise Court No. 1-cum Additional District and Sessions Judge, Vaishali at Hajipur/concerned Court, where the case is pending in connection with Hajipur Sadar P.S. Case No. 846 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
(Chandra Shekhar Jha, J) veena/- U T