Birendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73883 of 2025 Arising Out of PS. Case No.-399 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== 1.

Birendra Sahani Son of Hiralal sahani Resident of village - Bairathpur, PSMajhauliya Dist- West Champaran 2.

Munur Sahani Son of Surat Sahani Resident of village - Bairathpur, PSMajhauliya Dist- West Champaran 3.

Gowardhan Yadav Son of Dhrup Yadav Resident of village - Balthai Ward No. 01, PS - Sugauli, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioners no. 2 and 3 are persons with clean antecedent.

4. Allegation is of recovery of 145 litres of liquor from a bag.

5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.73883 of 2025(2) dt.03-11-2025 2/3 recovered from their conscious possession. It is further submitted that petitioners came to be implicated based on the confessional statement of Bhadai Sahani in police custody which does not have any evidentiary value in the eye of law. It is next submitted that even the alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sugauli P.S. Case No. 399 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioners and if it is found that petitioner no. 1 has antecedent of more than

Patna High Court CR. MISC. No.73883 of 2025(2) dt.03-11-2025 3/3 one case and petitioners no. 2 and 3 have antecedent of even one case, it would be presumed that petitioners had concealed their antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner no. 1 has antecedent of only one case and petitioners no. 2 and 3 are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T