Deo Bacchan Sahni @ Dev Bachan Sahani @ Devavachan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48790 of 2026 Arising Out of PS. Case No.-156 Year-2026 Thana- MAKER District- Saran ====================================================== Deo Bacchan Sahni @ Dev Bachan Sahani @ Devavachan Sahani son of Late Bhola Sahni Resident of Village -Bariyarpur PS -Maker District -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Maker P.S. Case No. 156 of 2026 dated 23.05.2026 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation, the informant received a secret information that this petitioner has concealed illicit liquor in a bush near his house for the purpose of selling, the informant along with police party reached there and recovered altogether 10 liters of illicit country made liquor from a bush near the house of this petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48790 of 2026(2) dt.22-07-2026 2/3 that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that from the seizure list itself, the place of recovery is from a bush which is nearby the house of the petitioner and hence the alleged recovery is not from the conscious possession of the petitioner. It has further been submitted that the place from where the alleged recovery has been made is accessible to all. It has further been submitted that procedures prescribed under Section 103 BNSS has not been followed. It has lastly been submitted that the petitioner has got no criminal antecedent.

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

6. Heard the learned counsel for the parties and perused the record.

7. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no-3, Saran at Chapra in connection with Maker P.S. Case No. 156 of 2026, subject to conditions as laid down

Patna High Court CR. MISC. No.48790 of 2026(2) dt.22-07-2026 3/3 under section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) aarti/- U T