Buban Sahani @ Baban Sahani @ Baban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88331 of 2025 Arising Out of PS. Case No.-389 Year-2025 Thana- MOTIPUR District- Muzaffarpur ====================================================== Buban Sahani @ Baban Sahani @ Baban S/o Manraj Sahani R/o VillageRasulaganj, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Motipur PS. Case No. 389 of 2025 dated 09-11-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act .

3. The allegation is of recovery of 20 litres of countrymade liquor near the roadside at Sharma Chowk in village Pahadchak Domuhi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner or from the house of the petitioner; rather, the alleged liquor was recovered from flank of the road at Sharma

Patna High Court CR. MISC. No.88331 of 2025(2) dt.22-12-2025 2/2 Chowk, village Pahadchak Domuhi, accessible to all. The petitioner has no concern with the seized liquor and he has been implicated in this case merely on the basis of disclosure made by the local 'Chowkidar. Lastly, it is submitted that petitioner has no criminal antecedents..

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise- II, Muzaffarpur, in Motipur PS. Case No. 389 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023. (Khatim Reza, J) shyambihari/- U T