Vikash Sahani Allias Bikash Sahani Vs the State of Jharkhand

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2026:JHHC:4869

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 11072 of 2025

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Vikash Sahani @ Bikash Sahani, aged about 38 years, son of Sudhir Sahani, Resident of Village Jogitopa, P.O. and P.S. – Nirsa, District-Dhanbad … … Petitioner

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Versus State of Jharkhand. … … Opp. Party ---------

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ----------

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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate Mr. Rohan Mazumdar, Advocate For the Opp. Party : Mr. Abhay Kr. Tiwari, APP ----------

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03/Dated: 18^th February, 2026

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1. The instant application has been filed under Sections 483 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with Nirsa P.S. Case No.313 of 2025 [G.R. Case No. 3335 of 2025] registered under Sections 274, 275, 338, 336(3) of the B.N.S. and under Section 47a, 47d, 47f and 55 of the Excise Act, 1915, pending in the court of learned Judicial Magistrate, 1^st Class, Dhanbad.

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2. Mr. R.S. Mazumdar, learned senior counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case on the allegation that 135 bottles of liquor has been recovered from house of the petitioner, but the alleged liquor has not been recovered from the conscious possession of the petitioner. Further submission has been made though allegation has been made that liquor has been seized from the house of the petitioner but there is no signature of any family members or any independent witness on the seizure list, as

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2026:JHHC:4869

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such it has no evidentiary value. It has further been submitted though there are 12 criminal antecedents against the petitioner, out of which in three cases, the petitioner has been acquitted and in rest cases, he is on bail. Further submission has been made that the petitioner is in jail custody since 24.09.2025.

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3. Learned senior counsel for the petitioner, based upon the aforesaid ground, has submitted that the petitioner may be enlarged on bail.

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4. Learned Additional Public Prosecutor appearing for the opposite party-State although has seriously opposed the prayer for grant of bail stating that it is admitted case that the petitioner is a habitual offender and liquor has been recovered from the house of the petitioner.

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5. This Court has heard the learned counsel for the parties.

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6. The main trust of allegation against the present petitioner is regarding recovery of liquor and as such insertion of Section 47a is there in addition thereto case has also been registered under Sections 274, 275, 338, 336(3) of the B.N.S.

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7. This Court, taking into consideration the fact that the petitioner is in custody for about 5 months and the nature of allegation, particularly the recovery of liquor for which the case has been registered under Section 47a of the Excise Act, for which, the maximum punishment, as provided in the penal provision is three years, is of the view that the present application deserves to be allowed.

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8. Accordingly, the instant bail application stands allowed.

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2026:JHHC:4869

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9. In consequence thereof, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1^st Class Dhanbad in connection with Nirsa P.S. Case No.313 of 2025 [G.R. Case No. 3335 of 2025], with the condition that the petitioner shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that the trial be not hindered.

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(Sujit Narayan Prasad, J.)

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18^th February, 2026

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Alankar /-

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Vikash Sahani Allias Bikash Sahani v. the State of Jharkhand

Case brief

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Vikash Sahani Allias Bikash Sahani v. the State of Jharkhand

Case brief

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