Nandu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44331 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- PIPRAHI District- Sheohar ====================================================== Nandu Sahni S/o Kailash Sahni village - Belwa Narkatiya, P. S - Piprahi, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and Mr. Md. Matloob Rab, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Piprahi P.S. Case No. 83 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that near Belwa Narkatiya Bandh on the river of Baghmati, altogether 69.30 liters of nepali country-made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that the name of this petitioner has been surfaced on the basis of the statement of Chowkidar. He further

Patna High Court CR. MISC. No.44331 of 2025(2) dt.18-07-2025 2/2 submits that nothing has been recovered from his conscious possession rather the recovery has been made from an open place. He has been framed in this case, as he is having criminal antecedent of one case of similar nature.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner is having one criminal antecedent.

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 today and in the event of his arrest or surrender in connection with Piprahi P.S. Case No. 83 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 Exclusive Special Judge, Excise, Sheohar, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T