Sunil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1333 of 2026 Arising Out of PS. Case No.-589 Year-2025 Thana- MALSALAMI District- Patna ====================================================== 1.

Sunil Sahni S/O Gauri Sahni R/O Village - Sukumarpur, P.S- Raghopur, Dist.- Vaishali at present Mohalla- Nuruddinganj near Ghat P, P.S. Malsalami, District- Patna 2.

Manoj Rai S/o Shankar Rai Resident of Mohalla - Nuruddinganj near Ghat P, P.S. Malsalami, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Malsalami PS Case No. 589 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 1950 liters of country made liquor was recovered from the jute sacks loaded on two scooty.

4. Learned counsel for the petitioners submit that the petitioners are innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. Learned counsel for

Patna High Court CR. MISC. No.1333 of 2026(2) dt.19-01-2026 2/2 the petitioners submit that the petitioners are neither the owner nor the rider of the said scooty and the alleged recovery has been made from two scooty standing near the river which is an open place accessible to one and all. The petitioners are in custody since 21.11.2025 and have got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5. Learned A.P.P. 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 and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malsalami PS Case No. 589 of 2025.

(Rudra Prakash Mishra, J) Siddharth Soni/- U T