Dinesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54626 of 2025 Arising Out of PS. Case No.-2276 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Dinesh Sahni S/o Ramngina Sahni R/o Village- Basanta, PS - Lalganj, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Adv.
For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 2276 of 2024 registered for the offences punishable under Sections 30(a)/32(3) of the Bihar Prohibition & Excise Act.
3. As per prosecution case, the police has recovered 942.48 liters of foreign liquor from the Truck whereas 720 ml illicit foreign liquor was recovered from the Maruti car.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and has been implicated
Patna High Court CR. MISC. No.54626 of 2025(2) dt.08-08-2025 2/3 in this case as he is the registered owner of the alleged Maruti car bearing Regd. No. BR-31AB-4007 from which total 720 ml foreign liquor was recovered. It is further submits that 942.480 liters of illicit foreign liquor was recovered from the truck bearing Regd. No. BR-09GB-8442 and the petitioner has no concern with the same. The petitioner has no concern either with the alleged truck or the recovered illicit liquor. The petitioner was neither apprehended on spot nor anything incriminating has been recovered from his conscious possession. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern either with the alleged occurrence or the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.
5. Learned counsel for the petitioner further submits that the co-accused Sandeep Sahni has been granted regular bail by this Court vide order dated 13.02.2025 passed in Cr. Misc. No. 4110 of 2025.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the
Patna High Court CR. MISC. No.54626 of 2025(2) dt.08-08-2025 3/3 learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise P.S. Case No. 2276 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T