IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19338 of 2025 Arising Out of PS. Case No.-354 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Dhiraj Sahni @ Dhirendra Sahni S/o Harendra Sahni Resident of village -Sorhatha, PS- Belsar, OP, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 354 of 2021, instituted for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that, 872.91 liters liquor was recovered from different vehicles and house of co- accused person. 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 the conscious possession of the petitioner. The petitioner has got Patna High Court CR. MISC. No.19338 of 2025(2) dt.02-04-2025 2/3 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was neither present at the place of occurrence nor the vehicles in question belongs to the petitioner. Name of the petitioner has transpired in this case on the basis of confessional statement made by co- accused, namely, Shashi Kumar and the same has got no evidentiary value. The petitioner is in custody since 11.12.2024 and has got sixteen criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 03.08.2022 passed in Cr. Misc. No. 25353 of 2022. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court Patna High Court CR. MISC. No.19338 of 2025(2) dt.02-04-2025 3/3 in connection with Vaishali (Belsar O.P.) P.S. Case No. 354 of 2021, 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Rajorshi/- (Rudra Prakash Mishra, J) U T