Uday Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27009 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== 1.

Uday Sahani S/O Manoj Mukhiya @ Manoj Sahani Resident of VillageDighara, P.S.- Ashok Paper Mill (A.P.M), Distt.- Darbhanga. 2.

Harinand Sahani @ Harinandan Sahani S/O Madan Sahani Resident of Village- Dighara, P.S.- Ashok Paper Mill (A.P.M), Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Ashok Paper Mill (A.P.M.) P.S. Case No. 30 of 2026, dated 01.03.2026, lodged under Sections 30(a) & 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 60 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that nothing has been recovered from

Patna High Court CR. MISC. No.27009 of 2026(2) dt.22-04-2026 2/3 the conscious possession of the petitioners. Counsel further submits that the criminal antecedents of the petitioners are not clean, as there is one criminal case pending against them, however, against petitioner No. 2, the pending case is not related to an excise matter, and in terms of excise matters, the antecedent of petitioner No. 2 is clean.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the criminal antecedents are not clean.

6. In the present facts and circumstances of this case, let the petitioner No. 2, namely, Harinand Sahani @ Harinandan Sahani be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge-I (Excise Act), Darbhanga, in connection with Ashok Paper Mill (A.P.M.) P.S. Case No. 30 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. So far as the bail application of the petitioner No. 1, namely, Uday Sahani is concerned, his bail application is hereby rejected, with a liberty that in case, the petitioner No. 1

Patna High Court CR. MISC. No.27009 of 2026(2) dt.22-04-2026 3/3 surrenders within four weeks before the Trial Court, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner No. 1 has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J.) Aman Kumar/- U T