Raman Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 88985 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- SHIKARGANJ District- East Champaran ====================================================== 1.

Raman Sahani S/O Late Brahamdev Sahani Resident of village - Godhiya Godiya ward no 08 P.S.- Shikarganj District- East Champaran 2.

Dilip Sahani @ Dileep Kumar S/O Raman Sahani Resident of village - Godhiya Godiya ward no 08 P.S.- Shikarganj District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Shikarganj P.S. Case No. 56 of 2024, instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, the allegation against the petitioners are that 40 litres of countrymade liquor was recovered from the wooden article in the corner of courtyard of the house of the petitioners and the petitioners managed to run away from the spot.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in this case. He further submits that the recovery was made from an open

Patna High Court CR. MISC. No. 88985 of 2024(2) dt.08-01-2025 2/2 place of the house of the petitioners and they were not present at the house as they had gone in the field for agricultural work. Learned counsel submits that petitioners have no concern with alleged seized liquor and no recovery has been made from the conscious possession of petitioners. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of learned Exclusive Special Excise Court No. 3, where the case is pending in connection with Shikarganj P.S. Case No. 56 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Siwani/- U T