Sikandar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82283 of 2025 Arising Out of PS. Case No.-275 Year-2025 Thana- MALAHI District- East Champaran ====================================================== Sikandar Sah S/O Late Sukhari Sah Resident of Village- Majhariya, P.SMalahi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Malahi P.S. Case No. 275 of 2025 dated 21.08.2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the first information report a total quantity of 69.120 liters of foreign liquor has been recovered from the bags thrown by the accused persons at Majhariya Diar and the Police apprehended one person while four persons succeeded in fleeing away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner surfaced in the disclosure of the apprehended co-accused person and the Chaukidar. The petitioner is not the owner of the bags from which 69.120 liters of foreign liquor has been recovered. The alleged illicit foreign liquor has not been

Patna High Court CR. MISC. No.82283 of 2025(2) dt.10-12-2025 2/2 recovered from the conscious possession and / or premises belonging to the petitioner. The petitioner has no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that foreign liquor in question has not been recovered from the conscious possession and / or premises belonging to the petitioner, name of petitioner has transpired in the statement of the arrested co-accused and the Chaukidar and the petitioner has no criminal antecedent, accordingly , I am inclined to grant anticipatory bail to the petitioner.

6. 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 Special Judge, Excise Court No. -1, Motihari, East Champaran in connection with Malahi P.S. Case No. 275 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

praful/- (Anil Kumar Sinha, J) U T