Raj Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46965 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- BARAUNI District- Begusarai ====================================================== Raj Kumar Sahni S/o Shri Jay Jay Ram Sahni R/o Village- Rasalpur, Dahiya, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Kumar For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 04-08-2025 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 connection with Barauni (Zero Mile) P.S. Case no. 80 of 2025 instituted for the offence under Sections 30(a), 33, 41(1) of the Bihar Prohibition of Excise Act and Section 303(2) and 62 of the BNS.

3. Prosecution case relates to recovery of 2500 litres of Ethanol from a tank lorry. Maruti Suzuki Omni of the petitioner was parked near the alleged lorry from which 15 pieces empty jerkins were recovered. Accused Amit Kumar, driver of the tank lorry was arrested on spot.

Patna High Court CR. MISC. No.46965 of 2025(2) dt.04-08-2025 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case only because he is owner of the vehicle (Maruti), which was parked near the tank lorry from which 200-300 litres of Ethnol was recovered. He has no concern with the alleged recovery. Petitioner is not named in the FIR. Neither He was arrested on spot nor any incriminating article has been recovered either from his conscious possession or his Maruti Suzuki Omni.

5. Learned APP appearing for the State has 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 today and in the event of his arrest or surrender in connection with Barauni (Zero Mile ) O.P. P.S. Case no. 80 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

Patna High Court CR. MISC. No.46965 of 2025(2) dt.04-08-2025 3/3 each to the satisfaction of learned Exclusive Special Judge Excise-I, Begusarai subject to the conditions as laid down under section 482 of the B.N.S.S.

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