Rahul Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61068 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- ARER District- Madhubani ====================================================== Rahul Sahni S/o Mohan Sahni R/o Satlakha, P.S- Rahika, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey, Advocate :
Ms. Kumari Pallavi, Advocate For the State :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Arer P.S. Case No. 91 of 2025 registered for the offence under Sections 274 and 275 of the B.N.S. and section 30(a) of the Bihar Prohibition and Excise Act, lodged on 03.05.2025 by the informant, Niranjan Kumar.
3. As per the prosecution story, the Police on information intercepted a motorcycle and there is recovery/seizure of 45 liters Nepali liquor. This led to the F.I.R.
4. Learned counsel for the petitioner submits that he has nothing to do with the vehicle which belongs to Ravi Sahni, only because of enmity and that he has criminal antecedent, named. Further, if granted relief, he shall be diligently appearing in trial.
5. Learned APP opposes the prayer submitting that he
Patna High Court CR. MISC. No.61068 of 2025(2) dt.23-09-2025 2/3 has criminal antecedent.
6. Taking into account the submissions of the parties as also the fact that he petitioner do not own the vehicle nor anything recovered from his conscious possession, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge (Excise Court), Madhubani, in connection with Arer P.S. Case No. 91 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.61068 of 2025(2) dt.23-09-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T