Ram Bharosh Sahni Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Binod Murari Mishra, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 30-06-2026

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Heard Mr. Arvind Kumar, learned counsel for the

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petitioner and Mr. Khurshid Anwar, learned Additional Public Prosecutor for the State.

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Petitioner seeks bail who is in custody since 22.05.2026 in connection with Mahishi P.S. Case No. 323 of 2025, F.I.R. dated 29.09.2025 for the offences punishable under Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

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Recovery is of 360 liters of foreign liquor.

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Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the vehicle in question and the petitioner has

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Patna High Court CR. MISC. No.40772 of 2026(2) dt.30-06-2026 2/3

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been made accused merely on the basis of confession of the coaccused person namely, Saroj Kumar Yadav. He further submits that petitioner was not apprehended from the place of occurrence and except the disclosure made by the apprehended accused persons, nothing has come during investigation which suggest the invovlement of the petitioner in the present occurrence. The petitioner is in custody since 22.05.2026.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries three criminal antecedents other than the present one of similar nature but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Saharsa in connection with Mahishi P.S. Case No. 323 of 2025, subject to the following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

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Patna High Court CR. MISC. No.40772 of 2026(2) dt.30-06-2026 3/3

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on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Vanisha/-

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U T

Ram Bharosh Sahni v. The State of Bihar

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Ram Bharosh Sahni v. The State of Bihar

Case brief

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