Jitendra Sahni @ Jitender Sahni @ Mithu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21249 of 2026 Arising Out of PS. Case No.-590 Year-2025 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Jitendra Sahni @ Jitender Sahni @ Mithu Sahni S/o Munna Sahani @ Tunnu Sahni R/o Village- Maulaganj, P.S- Laheriasarai, Dist- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate.

Mr. Saurav Anand, Advocate.

For the Opposite Party/s :

Mr.Manoj Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Laheriasarai P.S. Case No. 590 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, as amended uptodate.

3. Allegation is of recovery of 336 litres of country made liquor from a pickup van bearing Registration No. BR07GA-0490.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent, but he admits that the petitioner consumes liquor for which his wife had earlier lodged an F.I.R. against him, in which case, he has been

Patna High Court CR. MISC. No.21249 of 2026(2) dt.16-04-2026 2/3 released on pre-arrest bail and for the said reason and one criminal antecedent under Excise Act, petitioner has been made accused in the present case. Learned counsel further submits that the petitioner has no connection either with the driver or owner of the Pickup Van bearing Registration No. BR-07GA0490 from which total recovery is of 336 litres of country made liquor. He has no concern either with the seized liquor or trade of liquor in any manner. The place of recovery is an open place which is accessible to anyone.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having heard the rival submissions made on behalf of the parties and the fact that the seizure list forms part of the F.I.R. in which place of recovery is Maulaganj Wali Pokhar which is an open place and accessible to anyone, the learned District Court is directed to verify from the District Transport Officer concerned, as to whether, the Pickup Van bearing Registration No. BR-07GA-0490 is registered in the name of the petitioner and if it is found that the petitioner is not the owner of the aforesaid pickup van, then in that case, the petitioner, above named, be released on pre-arrest bail, in the event of his arrest or surrender before the Court below

Patna High Court CR. MISC. No.21249 of 2026(2) dt.16-04-2026 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Laheriasarai P.S. Case No. 590 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T