Mintu Sahani @ Mintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45530 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.
Mintu Sahani @ Mintu Kumar S/o Jilai Sahani Resident of villageSemuapur, P.S- Dumariyaghat, District-East Champaran 2.
Pappu Sahani @ Pappu Kumar Sahani S/o Jilai Sahani Resident of villageSemuapur, P.S- Dumariyaghat, District-East Champaran 3.
Munil Sahani S/o Jilai Sahani Resident of village-Semuapur, P.SDumariyaghat, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in a case registered under Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of 30 litres of illicit liquor from the motorcycle and 120 litres of illicit liquor from the bush situated at Khetar Nahar. Allegation against these petitioners is that they fled away from the spot identified by the Chaukidar.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.45530 of 2025(4) dt.01-09-2025 2/3 case only on the basis of disclosure made by Chaukidar. Further submission is that petitioners have no concern either with the seized illicit liquor or the motorcycle. No incriminating material has been recovered from the conscious possession of the petitioners. Petitioners have two criminal antecedents of similar nature in which, they are on bail. Petitioners undertake to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court concerned within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 101 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023 with further conditions:- (i) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their
Patna High Court CR. MISC. No.45530 of 2025(4) dt.01-09-2025 3/3 bail bonds by the Trial Court itself;
(ii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iii) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Sunil Dutta Mishra, J) utkarsh/- U T