Manoj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27862 of 2025 Arising Out of PS. Case No.-58 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Manoj Sahani S/o- Shambhu Sahani, Resident of Village- Majhariya, P.S.- Turkauliya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with in a case registered under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of Bihar Excise Act. Later on, Section 414 of the Indian Penal Code was added.

3. As per the prosecution case, 58 litres of illicit liquor was recovered from the TVS Motorcycle and the apprehended co-accused Meghnath Sahani disclosed that he had purchased the liquor from the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to two criminal antecedents. Further submission is that petitioner was neither present on the spot nor any incriminating

Patna High Court CR. MISC. No.27862 of 2025(2) dt.21-05-2025 2/2 material has been recovered from the conscious or physical possession of the petitioner. Petitioner has no concern with the seized motorcycle or the liquor. Except the confessional statement of the apprehended co-accused namely, Meghnath Sahani, there is nothing material against the petitioner. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 58 of 2021, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T