Guddu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79939 of 2025 Arising Out of PS. Case No.-165 Year-2025 Thana- PIPRA District- East Champaran ====================================================== Guddu Sahani Son of Lalbabu Sahani Resident of Village-Jitaura Kasba Tola, P.S.- Madhuban, District6- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-12-2025 Heard learned counsel for the parties.

2. The petitioner is apprehending his arrest in connection with Pipra P.S. Case No.165 of 2025 dated 14.04.2025, registered for the offences under Sections 30(a), 41(1) of Bihar Prohibition and Excise Act.

3. As per the FIR, on secret information, on 14.04.2025, 120 litres of country-made liquor was recovered from the sack tied on the motorcycle bearing registration no. BR-05-BF-4697 and from the hut of the co-accused, namely, Chhathu Sahni, and the petitioner, along with the co-accused, fled from the spot

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has been falsely implicated in the instant case merely on the basis of certain secret information received from local persons. There is no recovery from the constructive possession or from the house of the petitioner. The

Patna High Court CR. MISC. No.79939 of 2025(2) dt.03-12-2025 2/2 petitioner is in no way connected with the alleged recovery of liquor. Lastly, it is submitted that the petitioner has no criminal antecedents

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.3, Civil Court, East Champaran, Motihari, in connection with Pipra P.S. Case No.165 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

(Ajit Kumar, J) shikha/- U T