Lal Sahani @ Sri Lal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30224 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Lal Sahani @ Sri Lal Sahani S/o Madan Sahani R/o Village- Jhakiya, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Banjariya P.S.Case No.46 of 2025, registered for the offence punishable under Sections 274 and 275 of BNS and Section 30(a) of the Bihar Excise Act, 2022.

3. As per the allegation made in the FIR, total 30 ltrs. of country-made liquor was recovered from the bank of river, kept in the bushes.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence. Name of the petitioner has been disclosed by the local Chowkidar, with whom the petitioner has enmity. The petitioner has clean antecedent.

Patna High Court CR. MISC. No.30224 of 2025(2) dt.15-05-2025 2/2

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and admits that there is complete failure of prohibition in the State of Bihar.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.1, East Champaran at Motihari in connection with Banjariya P.S.Case no.46 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The 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 stated in Para3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) chn/- U T