Chhotan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86335 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- Pachpakdi District- East Champaran ====================================================== Chhotan Sah S/O Ganesh Sah Resident of Village - Pachpakari, P.S. - Pachpakari, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pachpakari Police Station Case No. 120 of 2025, disclosing offences under Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, in brief is that police received information that Nepali liquor was being transported in Maruti Car towards Pachpakri market. On search, total 273 litres of Nepali liquor was recovered from the Maruti Swift VXI bearing Registration No. DL3CBL0606. One person namely Aman Kumar was apprehended and the petitioner

Patna High Court CR. MISC. No.86335 of 2025(2) dt.23-12-2025 2/3 who is said to be driver of the aforesaid car, succeeded in fleeing away.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The arrested co-accused person, namely, Aman Kumar disclosed the name of the petitioner. Petitioner has no concern with the seized aforesaid vehicle bearing Registration No. DL3CBL0606. Liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the illicit liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.86335 of 2025(2) dt.23-12-2025 3/3 amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.-1, East Champaran at Motihari, in connection with Pachpakari Police Station Case No. 120 of 2025, subject to the condition laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita. (Anil Kumar Sinha, J) Siwani/- U T