Bhagya Narayan Sahni @ Bhagnarayan SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90711 of 2025
                     Arising Out of PS. Case No.-127 Year-2025 Thana- KANHAULI District- Sitamarhi
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                 Bhagya Narayan Sahni @ Bhagnarayan Sahani S/O Late Rajendra Sahni
                 Resident of Village -Shahpur, Sheetalpatti, Ward No. 03, Police Station-
                 Sahiyara,District- Sitamarhi



                                                                                   ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Kanhauli PS Case No. 127 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 441 liters

                   liquor was recovered from one motorcycle and four bicycle.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Petitioner has no

          concern with any of the vehicle. The petitioner is in custody

          since 22.11.2025 and has got five criminal antecedent/s. There is

          no compliance of Section 103 of the BNSS, 2023. Other co-

          accused has been granted bail by this Court vide order dated 24-

          11-2025, passed in Cr. Misc. No. 79245 of 2025.

                  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

          petitioner, this Court is inclined to grant bail to the petitioner.

                  7.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, 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 Kanhauli PS Case No. 127 of 2025, subject

          to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T