Rohit Kumar @ Rohit Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71038 of 2025 Arising Out of PS. Case No.-341 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Rohit Kumar @ Rohit Sahani S/O Jogindra Sahani @ Yogendra Sahani Resident of Village- Gamhariya, P.S. - Patahi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Sharad Kumar Verma, Advocate Mr. Hemant Ray, Advocate Mr. Sagar Kumar, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-10-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Patahi P.S. Case no.341 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, seeing the police personnel the three accused persons including the petitioner herein managed to escape. 42.6 litres of Nepalese liquor was recovered from the motorcycle. The petitioner and others were identified by the local Chaukidar.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession and he has been falsely implicated in the case at the

Patna High Court CR. MISC. No.71038 of 2025(2) dt.15-10-2025 2/2 instance of the local Chaukidar with whom he is on inimical terms. The petitioner has no concern with the seized liquor nor with the vehicle in question. He has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the petitioner not being the owner of the vehicle from which the seizure is said to have taken place and especially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Patahi P.S. Case no.341 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.3, Motihari, East Champaran.

(Partha Sarthy, J) avinash/- U T