Chhotan Sahani @ Chhotar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58210 of 2025 Arising Out of PS. Case No.-219 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Chhotan Sahani @ Chhotar Sahani S/O Sahdeo Sahani @ Sahdev Sahani Resident of Village- Damobriti, P.S.- Harsidhi, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Harsha Shashwat, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 210 litres of illicit country made liquor was recovered from the chawar near the bank of Damobriti river. Six accused persons were managed to flee away but one accused persons apprehended on the spot. Chaukidar disclosed the name of the petitioner as one of the escaped persons.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the disclosure made by Chaukidar. Further submission is that the recovery of illicit liquor has been made

Patna High Court CR. MISC. No.58210 of 2025(2) dt.16-09-2025 2/2 from an open place easily accessible to anyone. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Except the disclosure statement of Chaukidar, there is nothing material against the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate 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 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 be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 219 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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