Patna High CourtCR. MISC./88399/2025bail granted

Prem Shankar Sahani v. The State Of Bihar

2025-12-22Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88399 of 2025 Arising Out of PS. Case No.-300 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Prem Shankar Sahani Son of Ramdev Sahani Resident of Village - Bhudkudwa, P.S. - Rajepur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Rajepur P.S. Case No. 300 of 2025, dated 24.10.2025 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 21.03 liters of illicit English liquor from the sack and bag (Jhola) tied on the motorcycle bearing Regd. No. BR06DY2818.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case merely on the basis of dirty village politics. He has next submitted that the name of the petitioner has transpired in

Patna High Court CR. MISC. No.88399 of 2025(2) dt.22-12-2025 2/3 this case on the statement of the local villagers while the recovery is said to have been made from the Bhudkudwa dam near the vicinity of Bhudkudwa village, which is an open place, accessible to general public. The petitioner is a man of clean antecedent and nothing incriminating has been recovered from the constructive possession of the petitioner. It is further submitted that the petitioner has no concern with the seized liquor.

5. Learned APP for the State opposed the prayer for bail.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession of the petitioner, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. 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 learned Exclusive Special Judge, Excise Court-3, East Champaran, Motihari in connection with Rajepur P.S. Case No.

Patna High Court CR. MISC. No.88399 of 2025(2) dt.22-12-2025 3/3 300 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

(Ajit Kumar, J) rishi/- U T