Prem Kumar @Prem Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39712 of 2026 Arising Out of PS. Case No.-78 Year-2026 Thana- TAJPUR District- Samastipur ====================================================== 1.

Prem Kumar @Prem Kumar Sahni Son of Paltu Sahni Resident of villageAmritpur, Ward No.-3, Police Station- Tajpur, District-Samastipur. 2.

Umesh Pawan @ Sagar Paswan Son of Late Vishun Paswan Resident of village-Mirzapur, Ward No.-8 Police Station- Tajpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Pramod Kumar Singh, Advocate For the State :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2026 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 126 liters illicit Indian made foreign liquor was recovered from a bamboo grove.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from conscious possession of these petitioners and they have falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an

Patna High Court CR. MISC. No.39712 of 2026(2) dt.24-06-2026 2/2 open place, which is accessible to one and all. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of these petitioners and clean antecedents, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge ExciseII, Samastipur in connection with Tajpur P.S. Case No. 78 of 2026, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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