Umesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38268 of 2026 Arising Out of PS. Case No.-89 Year-2026 Thana- EXCISE BENIPUR District- Darbhanga ====================================================== Umesh Sahni Son of Ramchandra Sahani R/O Vill.- Behta, Kutti Tola, P.S.- Manigachi, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Benipur Excise P.S. Case No. 89 of 2026 registered for offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, the petitioner is the owner of the poultry farm from where, there is a recovery of 360 litres of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Learned counsel submits that the petitioner has no knowledge about the liquor and it appears that someone else has dumped the liquor in front of his poultry farm. The petitioner undertakes

Patna High Court CR. MISC. No.38268 of 2026(2) dt.17-06-2026 2/3 to donate a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand Only) to a charitable organization, without prejudice to his defence and without admitting guilt.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, this application for anticipatory bail stands allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Benipur Excise P.S. Case No. 89 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., also with further conditions that:- (i) The petitioner shall deposit a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand Only) with Ramakrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar 842002 and shall produce a valid receipt thereof before the court below. The bail bonds shall be accepted only after verification of the

Patna High Court CR. MISC. No.38268 of 2026(2) dt.17-06-2026 3/3 genuineness of the said receipt.

(ii) The petitioner shall mark his attendance at Manigachi Police Station on first and third Sunday of each month. In the event of default, the bail bonds shall be liable to be cancelled.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) sadique/- U T