Sanjay SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35414 of 2026
                  Arising Out of PS. Case No.-370 Year-2025 Thana- CHIRAIYA District- East Champaran
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                 Sanjay Sahani S/o Sukhari Sahani Resident of village - Tikuliya, P.S.-
                 Muffasil, Distt.- East Champaran
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

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

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the excise Act and

                   is in custody since 31.01.2026 and allegation is of recovery of

                   300 litres of liquor along with 800 litres of semi prepared liquor

                   which was destroyed near the place of occurrence i.e. at the

                   bank of river.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
           Patna High Court CR. MISC. No.35414 of 2026(2) dt.03-07-2026
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                     and he came to be implicated at the instance of the local person

                     but then it is submitted that once an accused is implicated in a

                     case relating to excise the police start implicating mechanically

                     either at the instance of the Chawkidar, local person,

                     confessional statement or secret information without holding a

                     proper investigation of the case.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Chiraiya P.S. Case No. 370 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T