Shree Lal Sahani @ Srilal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52331 of 2025 Arising Out of PS. Case No.-221 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Shree Lal Sahani @ Srilal S/o Late Madan Sahani, R/o Village- Jhakhiya Nayaka Tola , P.S- Banjariya, District -East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Banjariya P.S. Case No.221 of 2025 instituted under Sections 274, 275 of the B.N.S. and Sections 30(a), 41 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 80 liter country made liquor was recovered from the jute sack from village Jhakiya situated near the bank of Majhariya river. The allegation against the petitioner is that he fled away from the place of occurrence on seeing the police raid.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that petitioner was not present on the spot and nothing has been recovered

Patna High Court CR. MISC. No.52331 of 2025(2) dt.18-08-2025 2/2 from his conscious possession. Learned counsel submits that petitioner has been implicated in this case by the local Chaukidar with malafide intention. He further submits that petitioner has no concern with the seized liquor. Learned counsel submits that petitioner has one criminal antecedent, in which he is on bail and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No.1, East Champaran at Motihari in connection with Banjariya P.S. Case No.221 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T