Muntun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41627 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- KESARIA District- East Champaran ====================================================== Muntun Sahani S/o Sital Sahani Resident of village- Banparua, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 55 litres country made liquor from an open place. Petitioner was alleged to fled from the place of recovery.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.41627 of 2025(2) dt.18-07-2025 2/3 committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of petitioner sprang up in this case on the disclosure of local Chowkidar as a person who fled away from the place of seizure. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

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

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of his arrest or surrender in connection with Kesariya P.S. Case no. 76 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. III, Motihari, East Champaran, subject to the conditions as

Patna High Court CR. MISC. No.41627 of 2025(2) dt.18-07-2025 3/3 laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).

(S. B. Pd. Singh, J) Nirajkrs/- U T