Parmanand Sahani @ Parmanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62438 of 2025 Arising Out of PS. Case No.-300 Year-2025 Thana- Excise P.S. District- West Champaran ====================================================== Parmanand Sahani @ Parmanand Kumar Son of Bachchan sahani Resident Of Village- Shekh Majhariya Ward No 3, Ps- Majhauliya, District -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raki Alam For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Bettiah Excise Police Station Case No. 300 of 2025, dated 23.06.2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution story, as per the First Information Report, is that the police, on 23.06.2025, upon secret information, reached near village Sheikh Majhariya at the house of the petitioner. During search, two bags were recovered from the front of the house under the firewood, containing a total of 49.280 litres of illicit liquor.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.62438 of 2025(2) dt.24-09-2025 2/3 petitioner has falsely been implicated in the present case due to oblique motive and on the basis of secret information. The name of the petitioner has transpired on the basis of disclosure made by the local choukidar. He next submits that illicit liquor has not been been recovered from the conscious possession of the petitioner and/or from the premises belonging to him. Rather, illicit liquor has been recovered in front of his house from beneath firewood, which is an open space accessible to all and sundry.

5. Regards being had to the submission made by the parties and taking into consideration the fact that the petitioner has transpired on the basis of secret information and illicit liquor has not been recovered from the conscious possession of the petitioner, rather, the same has been recovered from open space accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.62438 of 2025(2) dt.24-09-2025 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-I, Bettiah, West Champaran, in connection with Bettiah Excise Police Station Case No. 300 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T