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Patna High CourtCR. MISC./58777/2025allowed

Lal Sahani v. The State Of Bihar

2025-09-23Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58777 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- BENIPATTI District- Madhubani ====================================================== Lal Sahani, S/O Jhari Sahani, R/O Village- Gulariya Tol, Ward no. 8, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Benipatti P.S. Case No. 164 of 2025, instituted under Section 262 of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 500 ml country made liquor from the house of the petitioner. Petitioner managed to flee away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was not present on the spot. No incriminating material has been recovered from his possession. He has no concern with the seized liquor. Petitioner had no knowledge

Patna High Court CR. MISC. No.58777 of 2025(2) dt.23-09-2025 2/2 about the seized liquor. Petitioner has no criminal antecedent. He undertakes to co- operate in the investigation and trial.

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

6. Considering the 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, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court, Madhubani, in connection with Benipatti P.S. Case No. 164 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) khushbu/- U T