Mahangu Sahani @ Jitendra Sahani @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90325 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Mahangu Sahani @ Jitendra Sahani @ Jitendra Kumar S/o Bhukhal Sahani R/o Village- Katahan Loknathpur, P.S.- Motihari Muffasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2025 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 Lakhaura P.S. Case No. 73/2024 dated 12.07.2024 registered for the offences punishable u/s 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 200 litres of illicit country-made liquor was recovered near the bank of Sikrahna river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery is made from an open

Patna High Court CR. MISC. No.90325 of 2024(3) dt.19-04-2025 2/2 place which is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has nine antecedents and he is on bail in eight other cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.11.2024.

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 Lakhaura P.S. Case No. 73/2024, with the condition;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

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