Surendra Kumar Sahani @ Surendra Kumar @ Surendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35593 of 2026 Arising Out of PS. Case No.-471 Year-2025 Thana- PIPRA District- East Champaran ====================================================== 1.

Surendra Kumar Sahani @ Surendra Kumar @ Surendra Sahani S/O Dev Kunar Sahani @ Dev Kuwar Sahni R/O Village-Tajwa , P.S-Pipra , DistrictEast Champaran. 2.

Ranjit Sahani S/O Dev Kunar Sahni @ Dev Kuwar Sahni R/O Village-Tajwa , P.S-Pipra , District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 21-05-2026 The matter has been taken up today through video conferencing.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners are apprehending their arrest in connection with Pipra PS Case No 471 of 2025 registered for the offence punishable under Sections 30 (a), 41 (1) of the Bihar Prohibition and Excise Act.

4. As per the allegation, 200 liters of country made liquor was recovered from a bush. Petitioners were identified by the local Chowkidar to have fled away from the place of seizure.

Patna High Court CR. MISC. No.35593 of 2026(2) dt.21-05-2026 2/3

5. Learned counsel for the petitioners has submitted that the petitioners were not arrested from the spot and the place of seizure does not belong to them. It has further been submitted that the place of seizure is an open area which is accessible to all. It has further been submitted that the petitioners are on inimical terms with the local Chowkidar and he has falsely named the petitioners to be the persons who fled away from the place of seizure. It has further been submitted that no procedure prescribed under Sections 103 and 105 of the BNSS has been followed. It has lastly been submitted that the petitioners are accused in one another case but not of similar nature and they are on bail in that case.

6. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

7. Heard the parties and perused the record.

8. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on each of them furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran at Motihari, in connection with

Patna High Court CR. MISC. No.35593 of 2026(2) dt.21-05-2026 3/3 Pipra PS Case No 471 of 2025 subject to the conditions as laid down under Section 482 (2) of the Bharitya Nagrik Suraksha Sanhita.

9. This application stands allowed.

(Praveen Kumar, J) M.E.H./- U T