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Patna High CourtCR. MISC./66522/2025allowed

Basudev Sahani v. The State Of Bihar

2025-10-07Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66522 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- ANGARGHAT District- Samastipur ====================================================== Basudev Sahani, S/o Sogarath Sahani, R/O - Chaita Sagma Tol, Ward No.10, P.S.- Angharghat, District - Samastipur, Pin -848132 (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Vikram Rana, Advocate Ms. Misha Bharti, Advocate Mr. Akash Priye, Advocate Mr. Anurag Darshi, Advocate Mr. Kumar Saurav Dev, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Angharghat P.S. Case No. 78 of 2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, it is alleged that there was dispute between the petitioner and one Sikandar Sahni who was assaulted by the petitioner and when the police reached there, the petitioner fled away from the spot. On search, 4.5 litres country made liquor was recovered from the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to monetary dispute of Sikandar Sahni with the petitioner in relation to the motorcycle in question. Petitioner was not present

Patna High Court CR. MISC. No.66522 of 2025(2) dt.07-10-2025 2/2 on the spot. No incriminating material has been recovered from his possession. He has no concern with the seized liquor. It is further submitted that petitioner was falsely implicated due to village politics. Petitioner has no criminal antecedent. He undertakes to co- operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Angharghat P.S. Case No. 78 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) khushbu/- U T