Chandi Sah @ Chandeshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32249 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- TURKAULIYA District- East Champaran ====================================================== Chandi Sah @ Chandeshwar Sah Son of Late Cuman Sah @ Chuman Sah Resident of Village- Shankar Sariya Kasba Tola, P.S.- Turkauliya, DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Turkaulia P.S. Case No. 55 of 2026, instituted under Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 80 litres Sprit has been recovered from the open field near the house of Mukesh Manjhi, kept beneath the pile of grass and foliage.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered either from the conscious possession of the petitioner or from his house. Recovery of illicit liquor has been made from an open place. Except suspicion, there is no material against the petitioner. Petitioner

Patna High Court CR. MISC. No.32249 of 2026(2) dt.13-05-2026 2/2 has no concern with the place of occurrence and the seized liquor. Petitioner has one criminal antecedent in which he is on bail. Petitioner undertakes to co-operate in the investigation and trial.

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

6. Considering the facts and circumstances of the case, submission of learned counsel for the parties and recovery has been made from an open place which does not belong to the petitioner, 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Judge-I, East Champatan (Motihari) in connection with Turkauliya P.S. Case No. 55 of 2026, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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