Bachchan Sahani Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bachchan Sahani Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner 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 Court concerned in connection with Banjariya P.S. Case No.29 of 2025, with conditions: (i) appearance on each and every date before the Trial Court, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; (ii) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may take steps for cancellation of the bail bond; (iii) desistance from committing any criminal offence again, failing which the State may take steps for cancellation of the bail bond.

Issue for consideration

Whether the petitioner, arrayed in Banjariya P.S. Case No. 29 of 2025 registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, should be released on regular bail.

Court's answer

Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and the period of custody, the Court directed release of the petitioner on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Banjariya P.S. Case No.29 of 2025, subject to conditions: (i) appearance on each and every trial date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; (ii) no inducement, promise or threat to witnesses nor tampering with evidence, failing which the State may seek cancellation of the bail bond; and (iii) desistance from committing any criminal offence again, failing which the State may take steps for cancellation of the bail bond.

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J.) granted regular bail to Bachchan Sahani, accused in Banjariya P.S. Case No. 29 of 2025 (District East Champaran) registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, in which, per the prosecution case, 265 litres of illicit liquor was recovered from the bank of the Jhakhiya River and co-accused Ramad Sahani was apprehended on the spot. Counsel submitted the petitioner was falsely implicated despite ten criminal antecedents, was named on the identification of the local chaukidar rather than being apprehended on the spot, had nothing recovered from his conscious possession, and was in custody since 22.04.2025. Considering the facts and circumstances, the submissions of counsel and the period of custody, the Court released the petitioner on a bail bond of Rs. 10,000/- with two sureties of the like amount each, imposing conditions of attendance on every trial date (failure on two consecutive dates without plausible reason entailing cancellation by the Trial Court itself), abstention from inducing or threatening witnesses or tampering with evidence, and desistance from further criminal offences, failing which the State may seek cancellation of the bail bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55968 of 2025

Arising Out of PS. Case No.-29 Year-2025 Thana- BANJARIA District- East Champaran

====================================================== Bachchan Sahani S/o Ram Chandra Sahani R/o Vill - Jhakhiya, P.S. - Banjariya, Distt.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Prem Sheela Pandey, Advocate For the Opposite Party/s : Mr. Abhay Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

4 09-10-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks regular bail in a case registered under Sections 30(a) and 41 of Bihar Prohibition and Excise Act.

As per the prosecution case, 265 litres of illicit liquor was recovered from the bank of Jhakhiya River. Coaccused Ramad Sahani apprehended on the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his ten criminal antecedents. Further submission is that petitioner was not apprehended on the spot but on the identification of local chaukidar , his name along with other accused persons came in the present case. Petitioner has no

Patna High Court CR. MISC. No.55968 of 2025(4) dt.09-10-2025 2/3

concern with the seized liquor and nothing has been recovered from conscious possession of the petitioner. There is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 22.04.2025 and he undertakes to cooperate in the trial.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, 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 learned Court concerned in connection with Banjariya P.S. Case No.29 of 2025 with further conditions:-

(i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bond;

Patna High Court CR. MISC. No.55968 of 2025(4) dt.09-10-2025 3/3

(iii) the petitioner shall desist from committing any

criminal offence again, failing which the State shall be at liberty

to take steps for cancellation of his bail bond.

(Sunil Dutta Mishra, J)

utkarsh/-

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