Vikash Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54121 of 2025 Arising Out of PS. Case No.-790 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== Vikash Sahni son of Bhola Sahni Resident Of Village - Kolhua Paigambarpur, P S - Ahiyapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate For the State :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 414, 467, 468, 471 and 34 of the Indian Penal Code and Sections 30(a), 38(1) and 41(1) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, it is alleged that on raid, total 2890.080 litres illicit foreign liquor from a truck and three motorcycles were recovered. Petitioner is registered owner of one of the seized motorcycle.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in

Patna High Court CR. MISC. No.54121 of 2025(2) dt.13-08-2025 2/2 this case merely because he happens to be owner of one of the seized motorcycle. Nothing has been recovered from the conscious possession of this petitioner or his motorcycle. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 Exclusive Special Excise Court No. II, Muzaffarpur in connection with Kudhni (Turki O.P.) P.S. Case No. 790 of 2019, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T