Vikash @ Aakash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16797 of 2025 Arising Out of PS. Case No.-279 Year-2018 Thana- KANKARBAG District- Patna ====================================================== Vikash @ Aakash Sahani S/O Madan Sahani @ Madan Prasad R/O MohallaMalahi Pakari, Kankarbagh, P.S.- Kankarbagh, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The present application is for grant of anticipatory bail, in connection with Kankarbagh P.S. Case No.279 of 2018 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. From the Perusal of the First Information Report, as also from the Seizure List, that 13.875 liters of country-made liquor and 8.40 liters of foreign liquor was said to be recovered from the house of one, Mantu Yadav, in a room adjacent to the staircase.

4. Learned counsel for the petitioner submits that the name of the petitioner has transpired as it has been stated that he is said to be staying in the said house of Mantu Yadav on rent.

Patna High Court CR. MISC. No.16797 of 2025(2) dt.02-04-2025 2/3 Learned counsel for the petitioner further submits that no recovery has been made from the conscious possession of the petitioner and he is not the owner of the house from which the said recovery is said to have been made. It is stated that even if the petitioner is staying on rent, the house is accessible to other people as well.

5. Learned APP, however, submits that the petitioner is already an accused in two cases, one of them being of similar nature. However, learned counsel for the petitioner submits that he is on bail in both the cases.

6. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Special Judge, Excise-I, Patna, in connection with Kankarbagh P.S. Case No.279 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and and subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial.

Patna High Court CR. MISC. No.16797 of 2025(2) dt.02-04-2025 3/3 (ii) the learned Court would, however, verify the criminal antecedent of the petitioner before releasing him on bail.

(Soni Shrivastava, J) sharun/- U T