IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79829 of 2025 Arising Out of PS. Case No.-43 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Raju Sahani S/o- Sahdev Sahani R/v- Damobriti Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv Mr. Harsha Shashwat, Adv For the Opposite Party/s : Mr. Sanjay Kumar Sharma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 25-11-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 43 of 2022, instituted for the offences punishable under Sections 272, 273/34 of Indian Penal Code and Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 250 liters of country made liquor, 20 kg meetha, gas cylinder was recovered from Chawar. 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 Patna High Court CR. MISC. No.79829 of 2025(2) dt.25-11-2025 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the recovery is made from an open place, which is accessible to one and all. It is also submitted that local chaukidar disclosed the name of the petitioner. The petitioner is in custody since 02.09.2025 and has got five criminal antecedents. 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi P.S. Case No. 43 of 2022, 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 Patna High Court CR. MISC. No.79829 of 2025(2) dt.25-11-2025 3/3 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. krishnakant/- (Rudra Prakash Mishra, J) U T