Santosh Sahni @ Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70955 of 2025 Arising Out of PS. Case No.-573 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Santosh Sahni @ Santosh Sahani S/o Ramdev Sahani R/o Village- Shekhpura Dhab, Ward No. 10, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-10-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Ahiyapur Police Station Case No. 573 of 2025, dated 22.04.2025, disclosing offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information, raided the under construction house of the petitioner and recovered 22 litres of illicit country-made liquor from the said house.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the local person. He further submits that the petitioner has got no

Patna High Court CR. MISC. No.70955 of 2025(2) dt.15-10-2025 2/3 concern with the illicit liquor recovered inasmuch as the illicit liquor has been recovered from his underconstruction house, which is an open space and is accessible to all and sundry. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent, his name transpired in this case on the disclosure made by the local person and the illicit liquor has been recovered from his under-construction house, which is an open space, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. I, Muzaffarpur, in connection with Ahiyapur Police Station Case No. 573 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha

Patna High Court CR. MISC. No.70955 of 2025(2) dt.15-10-2025 3/3 Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √