Jhulan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86391 of 2025 Arising Out of PS. Case No.-398 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Jhulan Sahani S/o Vinod Sahani R/o Village- Godigawan, P.S.- Sugauli, DistEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, 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 Sugauli Police Station Case No. 398 of 2025, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that on 21.07.2025 at about 06:15 a:m, police received secret information that two individuals were transporting illicit liquor on a motorcycle from Godigaon to Sugauli via Mir Toli village. On such information, police proceeded towards place of occurrence, one person on a motorcycle, identified as Sipahi Sahani, was apprehended after attempting to flee. Two other persons carrying country-made
Patna High Court CR. MISC. No.86391 of 2025(2) dt.23-12-2025 2/3 liquor bags, fled upon seeing the police. Sipahi Sahani disclosed the name of fled away persons as co-accused Arvind Kumar and Jhulan Sahani (petitioner). Sipahi Sahani admitted that they work as 'liners' to facilitate the movement of liquor consignment for money. On search, total 85 litres of countrymade liquor was recovered from the motorcycle.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Learned counsel next submits that name of petitioner has come only on the basis of disclosure made by arrested co-accused Sipahi Sahani who work as a liner to facilitate the movement of liquor consignment for money. Nothing has been recovered from the conscious possession of the petitioner.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the justification given by 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
Patna High Court CR. MISC. No.86391 of 2025(2) dt.23-12-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court, No. 1, East Champaran, Motihari, in connection with Sugauli Police Station Case No. 398 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