Mithu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30462 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- Raghunathpur District- East Champaran ====================================================== Mithu Sahani S/O Late Mahendra Sahani @ Mahendra Sahni Resident of Village- Nya Tola Jhakiya (Naya Tola Jhakiya), P.S.- Banjariya, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard Learned counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Raghunathpur P.S. Case No. 62 of 2024 lodged on 24.06.2024, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Total recovery of 20 litres of illicit liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the alleged recovery has been made under the bush and nothing has been recovered from the petitioner's possession. Counsel submits that petitioner's name has come in this case

Patna High Court CR. MISC. No.30462 of 2025(2) dt.14-05-2025 2/2 only on suspicion. Counsel submits that the criminal antecedent of the petitioner is not clean as there are three cases pending against him and in all the cases, he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there are three cases pending against him and all are registered under Excise Act and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected with liberty granted to the petitioner that if, he surrenders before the Trial Court within a period of six weeks from today, then in that case, 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 has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Divyansh/- U T