Sanjay Sahani @ Sanjay Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14241 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Sanjay Sahani @ Sanjay Kumar Sahani, S/o Late Sadhu Sharan Sahani Resident of vill- Majhar Godhiya Tola, P.S- Pakaridayal, Distt.- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kundan Rathore, Advocate For the State :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Pakaridayal P.S. Case No. 17 of 2025, dated 14.01.2025 registered for the offences punishable under Sections 30(a), 30(b), 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation, 40 liters of liquor has been recovered from an open field.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the recovery has been made from an open space accessible to all and the petitioner is no way

Patna High Court CR. MISC. No.14241 of 2025(2) dt.28-03-2025 2/3 connected with the alleged offence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court3/Concerned Court, Motihari, East Champaran, in connection with Pakaridayal P.S. Case No. 17 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned

Patna High Court CR. MISC. No.14241 of 2025(2) dt.28-03-2025 3/3 court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) chandan/- U