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

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

What the court decided

AI extract

Outcome

Pre-arrest bail: release in the event of arrest or surrender before the learned District Court within six weeks, on bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran/concerned court, subject to the condition laid down under Section 482 (2).

Issue for consideration

Whether pre-arrest bail should be granted to the petitioner in connection with Raghunathpur P.S. Case No.116 of 2024, registered for offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. +1 more

Court's answer

Pre-arrest bail granted: the petitioner is directed to be released on bail in the event of his arrest or surrender before the learned District Court within six weeks, on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran/concerned court, subject to the condition laid down under Section 482 (2).

Ratio / Principle

Bail was granted having considered the rival submissions made on behalf of the parties and the petitioner's undertaking that he is ready to donate a sum of Rs.1,00,000/- to charity.

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J), Criminal Miscellaneous No.970 of 2025 (decided 05-02-2025): grants pre-arrest bail to Vishal Sahani in connection with Raghunathpur P.S. Case No.116 of 2024 (East Champaran), registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, wherein 25 litres of foreign liquor was allegedly recovered from opposite side of the petitioner's house. Counsel for the petitioner contended the recovery was from a public place, not from his conscious possession; the learned APP opposed citing three prior excise cases as criminal antecedents. Bail allowed on the petitioner's undertaking to donate Rs.1,00,000/- to charity: release in the event of arrest or surrender before the learned District Court within six weeks, on bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran/concerned court, subject to the condition laid down under Section 482 (2).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.970 of 2025

Arising Out of PS. Case No.-116 Year-2024 Thana- Raghunathpur District- East Champaran

======================================================

Vishal Sahani Son of Daroga Sahani, Resident of village - Raghunathpur, PSRaghunathpur, Dist- East champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 05-02-2025

Heard learned counsel appearing on behalf of the

petitioner and the learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Raghunathpur P.S.Case No.116 of 2024, registered for the offence(s) punishable under Sections Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

As per the allegation made in the FIR, altogether 25 litres of foreign liquor has been recovered from opposite side of the house of the petitioner.

It is submitted by the learned counsel appearing on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and the recovery is from public place, which is easily accessible to anyone.

Learned counsel further informs that the petitioner voluntarily desires to deposit a sum of Rs. 1,00,000.00 (Rupees

Patna High Court CR. MISC. No.970 of 2025(2) dt.05-02-2025 2/2

One Lac) in the Account of Patna High Court Advocates’ Association.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submitted that the petitioner has criminal antecedent of three cases for the offence committed under Bihar Prohibition and Excise Act.

Having considered the rival submissions made on behalf of the parties, as well as, considering the undertaking of the petitioner that he is ready to donate a sum of Rs.1,00,000/in the Charity, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the learned District Court within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.1, Motihari, East Champaran/concerned court, in connection with Raghunathpur P.S.Case No.116 of 2024, subject to the condition as laid down under Section 482 (2) of the Special Judge, Excise Court No.1.

(Purnendu Singh, J)