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Patna High CourtCR. MISC./33798/2025bail granted

Upendra Sahani v. The State Of Bihar

2025-07-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33798 of 2025 Arising Out of PS. Case No.-318 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Upendra Sahani S/o Shri Shiv Sahani R/o Village- Salempur, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Harendra Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) ( d ) (e) ( f ), 32 ( ii ), 41 ( I ) of the Bihar Prohibition and Excise Act. 3 . As per prosecution case, total 100 liters illicit liquor was recovered near the boundary wall of house coaccused Bipul Bhagat.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner. Petitioner has been made accused only the basis of confessional statement of other co-accused person . Petitioner claims clean antecedent. 5 . Considering the nature of accusation and place of

Patna High Court CR. MISC. No.33798 of 2025(2) dt.23-07-2025 2/2 recovery, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional sessions Judge - II- Cum Excise Court Vaishali at Hajipur in connection with Lalganj P. S. Case No. 318 of 2020, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T