Sagar Kumar @ Sagar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56708 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- Raghunathpur District- East Champaran ====================================================== 1.

Sagar Kumar @ Sagar Sahani Son of Surendra Sahani, R/o VillageMajhariya, P.S-Raghunath Pur, District-East Champaran. 2.

Alok Sahani Son of Ashlal Sahani @ Acchelal, R/o Village-Majhariya, P.SRaghunath Pur, District-East Champaran. 3.

Akash Kumar @ Akash Sahani @ Alok Sahani Son of Rajkishore Sahani, R/o Village-Majhariya, P.S-Raghunath Pur, 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. Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Raghunath Pur P.S. Case No.104 of 2025 instituted under Sections 30(a), 41(1), 52 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, on secret information that on the bank of Baluahi Man situated at Village Majhariya petitioners and other persons kept the huge quantity of wine, the police conducted a raid and recovered 200 liter country made liquor from the bush situated at the place of occurrence. It is alleged that the petitioners along with other co-accused persons

Patna High Court CR. MISC. No.56708 of 2025(2) dt.08-09-2025 2/3 fled away from the spot after seeing the police team.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to dirty village politics. He further submits that except the secret information and disclosure statement of the local villagers, there is no material against the petitioners. Learned counsel submits that the petitioners were not present on the spot and no incriminating article has been recovered from their conscious possession. Learned counsel submits that the alleged recovery has been made from an open place which is accessible to public at large and petitioners have no concern with the alleged seized liquor. He further submits that petitioners have no criminal antecedent and they undertake 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 concerned Court within six weeks from today, the petitioners be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.56708 of 2025(2) dt.08-09-2025 3/3 satisfaction of the learned Special Judge Excise Court No.1, Motihari, East Champaran in connection with Raghunath Pur P.S. Case No.104 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