Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71306 of 2025 Arising Out of PS. Case No.-40 Year-2021 Thana- DURAULI District- Siwan ====================================================== 1.

Suresh Sahni S/o- Late Ram Pukar Sahni 2.

Chandan Sahni @ Chandan Singhaniya S/o- Ram Bachan Sahni Both are Resident of vill-Mujwaniya PS- Darauli Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-10-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Darauli PS Case No.40 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 104.360 ltrs. of illegal liquor has been recovered from the plastic bag and sacks. Petitioners fled away from the place of occurrence and the name of the petitioners has been disclosed by the coaccused, who were apprehended at the spot.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioners are innocent and they have no concern with the seized liquor. Learned counsel further submitted that the name of the petitioners has been dragged in

Patna High Court CR. MISC. No.71306 of 2025(2) dt.15-10-2025 2/2 the present case on the basis of the confessional statement of the co-accused persons. Petitioners have clean antecedent.

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

6. Having considered the rival submissions of the parties, as well as, considering the fact that the petitioners were not present at the time of occurrence, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.I, Siwan in connection with Darauli PS Case No.40 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T