Munna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24415 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Munna Sahani, Male, aged about 38 years, son of Vidya Sahani, Resident of Village- Panditpur, Malahi Tola, P.S.- Piprakothi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-05-2025 Heard Mr. Dhurendra Kumar, learned counsel appearing on behalf of the petitioner and Ms.Asha Kumari, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Piprakothi P.S. Case No. 02/25 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 20 litres of illicit liquor was recovered from the banswari (bamboo grove).

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that recovery of illicit liquor has been made from the Banswari, which is an open space and is easily accessible by anyone.

Patna High Court CR. MISC. No.24415 of 2025(2) dt.05-05-2025 2/3 Petitioner has no concern either with the place of recovery or with the alleged recovered liquor. Petitioner has clean antecedent.

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

6. Considering the nature of allegation made in the FIR and also the fact that recovery of illicit liquor has been made from the Banswari, which is easily accessible by anyone. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court 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 Judge, Excise Court No.1, East Champaran, Motihari / Concerned Court in connection with Piprakothi P.S. Case No. 02/25, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned 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

Patna High Court CR. MISC. No.24415 of 2025(2) dt.05-05-2025 3/3 stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T