Bhola Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89763 of 2025 Arising Out of PS. Case No.-373 Year-2025 Thana- MOTIPUR District- Muzaffarpur ====================================================== Bhola Sahni Son of Ramadhar Sahani @ Ramadhar Sahni R/o Village - Gehunwachak, P.S. - Motipur, Dist. - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Motipur PS. Case No. 373 of 2025 dated 19-10-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The allegation is of recovery of 10 litres of illicit country-made liquor near the house of the petitioner. 4.Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no incriminating articles have been recovered from the petitioner's conscious possession or from his house. The illicit liquor in question was seized from an open area that does not belong to the petitioner and is

Patna High Court CR. MISC. No.89763 of 2025(2) dt.23-12-2025 2/3 accessible to all. Lastly, it is submitted that one criminal case is already pending against the petitioner, in which he is presently on bail.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise -II, Muzaffarpur, in Motipur PS. Case No.

Patna High Court CR. MISC. No.89763 of 2025(2) dt.23-12-2025 3/3 case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U