Kamod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16258 of 2025 Arising Out of PS. Case No.-284 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Kamod Sahani Son of Jagranath Sahani @ Jagarnath Sahani VillageRajepura Ismaila PS- Rajepur Distt -East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 284 of 2024 registered for offences under Sections 274, 273 of the BNS and under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the recovery is of 100 litres of illicit country made liquor from behind the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.16258 of 2025(2) dt.02-04-2025 2/3

5. Learned APP for the State has opposed the prayer for bail.

6. Considering the aforesaid circumstances, this application for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court-3, East Champaran at Motihari/ concerned court below in connection with Rajepur P.S. Case No. 284 of 2024, subject to the conditions as laid down under Section 482 of the Code of Criminal Procedure, subject to the following conditions:-

8. Before accepting the bail-bond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bail-bonds shall not be accepted by the court below.

9. The petitioner shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Mission Sevashrama, Bela, Muzaffarpur and produce the receipt

Patna High Court CR. MISC. No.16258 of 2025(2) dt.02-04-2025 3/3 of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

(Sandeep Kumar, J) Ranjeet/- U T