Rakesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18581 of 2026 Arising Out of PS. Case No.-434 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Rakesh Sahani S/o- Jogi Sahani R/v- Lalbegiya Ps- Chiraiya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhandev Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2026

1. Heard the parties.

2. The petitioners apprehend his arrest in connection with Chiraiya P.S. Case No. 434 of 2025 dated 08.10.2025 registered under Sections 30(a) of Bihar Prohibition & Excise Act.

3. As per the F.I.R. the Police received secret information that the petitioner along with the co-accused was selling illicit liquor from the Meat Bhuja shop situated under Lalbegiya Bandh, proceeded towards the place of occurrence and upon seeing the Police party two persons including the petitioner succeeded in fleeing away. Upon search, Police recovered 164 liters of country made liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has not committed any offence in the manner alleged. He further submits that the name of the petitioner has surfaced in this case on the identification made by Mahal

Patna High Court CR. MISC. No.18581 of 2026(2) dt.08-04-2026 2/2 Chaukidar. The petitioner is not the owner of the said Meat Bhuja shop. Illicit country made liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner. The petitioner is having no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that recovery of liquor has not been made from a place belonging to the petitioner, he has been made accused on the basis of secret informant and disclosure of his name by Mahal Chaukidar and the petitioner is having no criminal antecedent, accordingly, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-1, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 434 / 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. (Anil Kumar Sinha, J) praful/- U T