Mishrilal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25405 of 2026 Arising Out of PS. Case No.-59 Year-2026 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Mishrilal Sahani Son of Nawab Sahani Resident of Village- Banparua, P.S.- Dumariyaghat, District- East Champaran 2.

Ranjit Sahani @ Ranjit Sahni Son of Rama Sahani Resident of VillageBanparua, P.S.- Dumariyaghat, District- East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioner seeks permission to withdraw this application with regard to petitioner no.1 submitting that during pendency of this application the petitioner no.1 has already been apprehended by the police, therefore, it has become infructuous.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no.1 is dismissed as withdrawn.

5. Now, this application survives only with regard to petitioner no.2.

6. The petitioner apprehends his arrest in a case

Patna High Court CR. MISC. No.25405 of 2026(2) dt.01-05-2026 2/3 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

7. The allegation in the First Information Report is that 200 litres of country made liquor was recovered from a sack placed near Hauli Ghat.

8. Learned counsel for the petitioner submits that the recovery has been made from an open place, which is easily accessible to others. The name of the petitioner has transpired on the basis of disclosure made by Chaukidar. It is further submitted that there is no independent witness to the search and seizure.

9. Learned APP for the State opposed the prayer for anticipatory bail on the ground that the petitioner has criminal antecedents.

10. At this stage, the petitioner has offered to deposit a sum of Rs.5,000/- (Rupees Five Thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

11. Taking into consideration the facts and circumstances of the case, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before

Patna High Court CR. MISC. No.25405 of 2026(2) dt.01-05-2026 3/3 the learned 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 the learned Court below where the case is pending/successor Court in connection with Dumariyaghat P.S. Case No. 59 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

12. The bail bond of the petitioner no.2 shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Soni Shrivastava, J) anand/- U T