Sanjay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35043 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sanjay Sahani S/o Baiju Sahani R/o Vill- RAmgadhawa Tola Badaharwa, P.S.- Muffasil, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-07-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Motihari Muffasil P.S. Case no.42 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. A perusal of F.I.R and seizure list would show that 60 liters of illicit liquor was recovered from a scooty bearing Registration No. BR05DB5649.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced on account of the fact that local chowkidar disclosed his name as the person who had fled away from the place of occurrence and also he is the registered owner of the seized scooty. As a matter of fact the petitioner had only parked his motorcycle in market area and a false recovery has been shown from the said vehicle. There is no

Patna High Court CR. MISC. No.35043 of 2025(3) dt.01-07-2025 2/2 independent witness to the seizure list and hence, mandatory provisions of search and seizure have been violated. No recovery has been made from his physical or conscious possession of the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Motihari Muffasil P.S. Case no.42 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, East Champaran at Motihari, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T