Pukar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72586 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- PIPRA District- East Champaran ====================================================== Pukar Sahani son of Gudar Sahani, Resident of village- Chakaniya P.S.- Pipra, District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore @ Kundan Kumar, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Pipra P.S.Case No142 of 2025, registered for the offences punishable under Sections 30(a) and 41(I) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR 105 ltrs. of country-made liquor and 200 ltrs. of pass was recovered from the bank of the River. Name of the petitioner has been disclosed by the local Chowkidar.

4. The learned counsel appearing on behalf of the petitioner submitted that the liquor was seized from the bank of the River, which is the open place and accessible to anyone. The learned counsel has supported his statement in paragraph no.7 of the bail application. The petitioner being innocent seeks to be released on pre-arrest bail.

Patna High Court CR. MISC. No.72586 of 2025(2) dt.16-10-2025 2/2

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, the place of recovery is open place, the petitioner is directed to be released on pre-arrest bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.3, East Champaran, Motihari/concerned court, East Champaran, Motihari in connection with Pipra PS Case No.142 of 2025, 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 petitioner and if it is found that the petitioner is 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