Bikram Sahani @ Vikram Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86202 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- MADHWAPUR District- Madhubani ====================================================== Bikram Sahani @ Vikram Kumar Sahni S/O Lotan Sahani R/O Village - Tetali, P.S- Kamtaul, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Madhwapur P.S. Case No. 94 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act and sections 274, 275 and 3(5) of the BNS Act lodged on 04.07.2025.
3. As per the prosecution story, the Police was checking the vehicles near the Indo-Nepal border. When three four wheelers were seen approaching the border, upon interception, while some of the accused persons were arrested, rest managed to escape and from the three vehicles, there is/are recovery/seizure of altogether 342 liters of Nepali liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that he
2/4 owns one of the intercepted vehicle (Baleno) which was taken away by his brother, Manoj Kumar Sahni who got arrested. Only because the registration of the vehicle was in his name, implicated. The last submission is that without accepting the allegation and/or the outcome of the present case, the petitioner intends to contribute Rs. 20,000/- to the District Legal Services Authority, Madhubani for the installation of music system in the Civil Court Campus of Madhubani Judgeship through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank.
5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that he has criminal antecedent.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra) as also that the petitioner though owns the vehicle but as per the submission, his brother, Manoj Sahni was driving it, who got
3/4 arrested, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 20,000/- to the District Legal Services Authority, Madhubani for the installation of music system in the Civil Court Campus of Madhubani Judgeship as undertaken by the learned counsel for the petitioner through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank and the receipt of the expenditure shall be submitted to the trial Court by the DLSA, Madhubani.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the Court of learned Exclusive Special Excise Court, Madhubani in connection with Madhwapur P.S. Case No. 94 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
4/4 (iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
9. A copy of the order be sent to the Principal District and Sessions Judge, Madhubani for his/her perusal and needful. (Rajiv Roy, J) Adnan/- U T