Srikant Sahani @ Shreekant Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64232 of 2025 Arising Out of PS. Case No.-174 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Srikant Sahani @ Shreekant Chaudhary, Son of Ramchandra Sahani, R/V Panditpur, Malahi Tola, P.S. - Piprakothi, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-09-2025 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Piprakothi P.S. Case No.174 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. Allegedly, 10 lts. of country made liquor was recovered behind the house of the petitioner leading to institution of the FIR.
4. Learned Advocate for the petitioner taking this Court through the FIR has contended that admittedly the alleged recovery has been made behind the house of the petitioner over which he has no dominance. In fact, the name of the petitioner has been implicated in this case only on account of his past three
Patna High Court CR. MISC. No.64232 of 2025(2) dt.24-09-2025 2/3 criminal antecedent as has been disclosed in para-3 of the bail application. There is no compliance of Section 103 of B.N.S.S. That apart, the seizure list witnesses are none else but the police personnel. The petitioner undertakes that he will cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State submitted that three criminal antecedent of similar nature clearly show the involvement of the petitioner in the present crime.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the fact that the alleged recovery has been made behind the house of the petitioner, which is not within his possession; save and except suspicion, there is no cogent material showing complicity of the petitioner in crime; moreover, past criminal history/antecedent is not automatic or sole ground to deny the prayer for anticipatory bail but is one of the factors to be considered along with other materials, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.1, East
Patna High Court CR. MISC. No.64232 of 2025(2) dt.24-09-2025 3/3 Champaran, Motihari/concerned Court, East Champaran, Motihari in connection with Piprakothi P.S. Case No.174 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T