Bindeshwar Sahani @ Vindeshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63382 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Bindeshwar Sahani @ Vindeshwar Sahni Son of Chalitar Sahani R/o Village - Harser, Balua, P.S. - Shiwaipatti, Dist. - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Advocate.

For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Siwaipatti P.S. Case No. 101 of 2025 registered for the offence punishable under Sections 274/275/3(5) of the BNS and Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 30 litres of country made liquor from the hut of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case. The name of the petitioner has surfaced in the case on the disclosure made by the apprehended

Patna High Court CR. MISC. No.63382 of 2025(2) dt.24-09-2025 2/3 accused. He has no concern either with the hut from which liquor was recovered or the seized liquor or trade of liquor in any manner. The petitioner has clean antecedent.

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

6. Having considered the rival submissions made on behalf of the parties and the nature of allegation against the petitioner and the fact that the name of the petitioner has surfaced in the case on the disclosure made by the apprehended accused and he has clean antecedent, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the 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 District Court where the case is pending in connection with Siwaipatti P.S. Case No. 101 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

Patna High Court CR. MISC. No.63382 of 2025(2) dt.24-09-2025 3/3

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T