Hari Kumar @ Hari SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26758 of 2026
                   Arising Out of PS. Case No.-473 Year-2025 Thana- SUGAULI District- East Champaran
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                 Hari Kumar @ Hari Sahani S/o Pramod Sahani Resident of Village - Mehwa,
                 P.S - Sugauli, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore @ Kundan Kumar, Adv.
                 For the Opposite Party/s :       Mr. Ramesh Chandra, APP
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                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sugauli P.S. Case No. 473 of 2025 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that in a

                   hutment behind the house of the petitioner, altogether 180 liters

                   of illicit country made liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that from perusal of the FIR itself, it is

                   clear that nothing has been recovered from the possession of the
           Patna High Court CR. MISC. No.26758 of 2026(2) dt.22-04-2026
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                     petitioner, rather the recovery has been made from a hutment

                     behind the house of the petitioner. He further submits that the

                     witnesses of the seizure list are police personnel and the police

                     has not complied with Section 105 of the BNSS while making

                     the seizure. Moreover, the petitioner is languishing in judicial

                     custody since 17.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of one case.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Court No. 01, Motihari, East

                     Champaran in connection with Sugauli P.S. Case No. 473 of

                     2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T