Ashok Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53635 of 2026 Arising Out of PS. Case No.-861 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Ashok Sahani Son of Hiranand Sahani Resident of Village- Damovriti, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Sri Rabindra Kumar. 2.

The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of six cases under the Excise Act and is in custody since 30-5-2026 and allegation is of recovery of 100 litres of liquor from concealed under husk in the washroom of Dinesh Sahni and 80 litres of liquor from the house of Rambati Devi.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged

Patna High Court CR. MISC. No.53635 of 2026(2) dt.31-07-2026 2/2 recovery is from the house of his brother Dinesh Sahni with whom he has no concern. It is next submitted that petitioner is not related to Rambati Devi and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Harsidhi P.S. Case No. 861 of 2025.

(Satyavrat Verma, J) Sumit/- U T