Shivchandra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66300 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- BOKHRA District- Sitamarhi ====================================================== Shivchandra Sahni S/o Pradeep Sahni, Resident of Village- Mahisautha, Sahni Tola, Ward No, 14, P.S.- Bokhra, Dist.- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Bokhra P.S. Case No. 110 of 2025, dated 12.07.2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 36 litres of illicit country made liquor was recovered out of which 10 litres of illicit country made liquor was recovered from the hutment of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. As per allegation in the FIR, 10 litres of illicit country made liquor was said to have been recovered from the hutment of the petitioner, however, the said hutment was constructed for the purpose of cattle shed and in fact, petitioner

Patna High Court CR. MISC. No.66300 of 2025(2) dt.24-09-2025 2/2 does not reside in his house and recovery was shown in the absence of family members and seizure is prepared contrary to the provisions of Section 105 of the BNSS. He lastly submits that petitioner claims clean antecedent.

5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that petitioner has clean antecedent and nothing has been recovered from the conscious possession of the petitioner, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Excise Court No. II, Sitamarhi, in connection with Bokhra P.S. Case No. 110 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Ajit Kumar, J) Shahnawaz/- U T