Shivlal Sahani @ Shiv Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63193 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- PIPRA District- East Champaran ====================================================== Shivlal Sahani @ Shiv Sahani, aged about 54 year, (Male) Son of Laxman Sahani, R/O Village- Chakaniya, P.S- Pipra, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raki Alam, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-09-2025 Heard Mr. Raki Alam, learned counsel appearing on behalf of the petitioner and Mr. Md. Anzarul Haque Sahara, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Pipra P.S. Case No. 142 of 2025 registered for the offence punishable under Sections 30 (a) and 41(1) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 105 litres of countrymade liquor from a bush near the bank of Gandak river.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case on the basis of disclosure made by locals.

Patna High Court CR. MISC. No.63193 of 2025(2) dt.24-09-2025 2/3 Petitioner has no concern with the alleged seized liquor nor he is involved in trade of liquor in any manner. The recovery was made from a bush near the bank of Gandak river, which is an open place and easily accessible to anyone. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the fact that the recovery of 105 litres of country made liquor was made from a bush near the bank of Gandak river, which is an open place and easily accessible to anyone, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Pipra P.S. Case No. 142 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in

Patna High Court CR. MISC. No.63193 of 2025(2) dt.24-09-2025 3/3 paragraph no. 3, this order will lose its force automatically.

8. The present bail application is disposed of. (Purnendu Singh, J) Niraj/- U T