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Patna High CourtCR. MISC./32810/2025allowed

Deeplal Sahani @ Deepan Sahani @ Diplal Sahani v. The State Of Bihar

2025-05-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32810 of 2025 Arising Out of PS. Case No.-534 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Deeplal Sahani @ Deepan Sahani @ Diplal Sahani, Son of Fali Sahani, Village- Hardiya Tola Kanspakadi, PS- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Madhuban P.S. Case No. 534 of 2024 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Amendment Act, 2022.

3. As per the prosecution case, on a secret information, there is recovery of 50 litres illicit country made liquor from the hut of the co-accused Subodh Sahani and 40 litres from the hut of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his one criminal antecedent in which he is on bail. Petitioner was not apprehended on the spot and he has no

Patna High Court CR. MISC. No.32810 of 2025(2) dt.20-05-2025 2/2 concern with the seized liquor and except the suspicion there is no material against the petitioner. Recovery of the seized liquor was made from outside of the hut of the petitioner which is evident from the seizure list. He undertakes to cooperate in the investigation of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Madhuban P.S. Case No. 534 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Sunil Dutta Mishra, J) khushbu/- U T