Shani @ Chandeshwar Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42305 of 2026 Arising Out of PS. Case No.-94 Year-2026 Thana- BANJARIA District- East Champaran ====================================================== Shani @ Chandeshwar Kumar Sah S/O Late Lalan Sah @ Chandrika Sah Resident of village-Droga Tola, P.S.- Banjariya, District - 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. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2026 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) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 17.280 liters of foreign liquor was recovered from an open place.
4. Learned counsel for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Recovery has been made from an open place which is accessible to one and all. Petitioner has got no concern with the alleged recovery and he has been made accused in this case on the disclosure of local Chowkidar. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.42305 of 2026(2) dt.13-07-2026 2/2
5. Learned A.P.P. for the State opposed the bail application.
6. Considering the aforesaid facts, clean antecedent of this petitioner, place of recovery and other circumstances of case, 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 Special Judge Excise Court-I, Bettiah, East Champaran, Motihari in connection with Banjariya P. S. Case No. 94 of 2026, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J) Sanjay/AlokU T