Kanhai Sahani @ Kanhaiya Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54290 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- MUSAHARI District- Muzaffarpur ====================================================== 1.

Kanhai Sahani @ Kanhaiya Sahani Son of Prabhu Shani, Resident of village - Bedhaulia, P.S.- Mushari, District - Muzaffarpur. 2.

Kaushal Kumar Sahani @ Dundun Son of Prabhu Shani Resident of village - Bedhaulia, P.S.- Mushari, District - Muzaffarpur. 3.

Meera Devi wife of Kanhai Sahani @ Kanhaiya Sahani. Resident of village - Bedhaulia, P.S.- Mushari, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Mushari P.S. Case No. 143 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 68.175 litre of foreign liquor from a brinjal field adjacent to the house of petitioners.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case on the basis of disclosure of local Chaukidar due to local politics. Petitioners have no concern with the seized liquor or

Patna High Court CR. MISC. No.54290 of 2025(2) dt.19-08-2025 2/2 place of recovery. Nothing has been recovered from the conscious possession of the petitioners. Petitioner No. 1 has two criminal antecedents, Petitioner No. 2 has one criminal antecedent and Petitioner No. 3 has no criminal antecedent. Petitioners undertake to co-operate 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 submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise- III, Muzaffarpur in connection with Mushari P.S. Case No. 143 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T