Govinda Kumar @ Govinda Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69471 of 2025 Arising Out of PS. Case No.-297 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Govinda Kumar @ Govinda Sahani S/o Amirka Sahani @ Amerika Sahani, R/o Vill.- Sapahi Birtiya, P.S.- Raghunathpur, Dist.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate.

For the Opposite Party/s :

Ms. Shaheen Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 274/275 of B.N.S., 2023 and Sections 30(a), 41 of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 70 litres illicit liquor from the place near Chailaha Dhanauti River and co-accused Bhutan Sahani was apprehended on the spot who disclosed the name of petitioner as fled away person.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was not present on the spot. Except the disclosure statement made by the co-accused who was apprehended on the spot, there is no material against the

Patna High Court CR. MISC. No.69471 of 2025(2) dt.09-10-2025 2/2 petitioner. No incriminating article has been recovered from conscious possession of petitioner. Petitioner has no concern with the alleged seized liquor. Petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, East Champaran, Motihari in connection with Banjariya P.S. Case No.297 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T