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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24325 of 2025 Arising Out of PS. Case No.-336 Year-2024 Thana- DURAULI District- Siwan ====================================================== Hari Shankar Sahani Son of Jagdish Sahani R/o Village - Narayanpur, P.S.- Darauli, District - Siwan. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 02-05-2025
1. 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 Darauli Police Station Case No. 336 of 2024, disclosing offences under Sections 30(a), 41(1) and 36 of the Bihar Prohibition and Excise Act, 2016. 3. As per the FIR, on 22.10.2024, police got a secret information that liquor was being transported on a boat from U.P. through Saryu river, proceeded towards the place of occurrence and upon seeing the police party, the persons sitting on the boat fled away. Total of 250 liters of illicit liquor was
Patna High Court CR. MISC. No.24325 of 2025(2) dt.02-05-2025 2/3 recovered from the boat. The chowkidar disclosed the name of the persons who succeeded in fleeing away as petitioners and others. 4. Learned Counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been made accused on the basis of disclosure of his name by the village chowkidar. The boat from where the illicit liquor has been recovered does not belong to the petitioner. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the boat from where the illicit liquor was recovered does not belong to 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 thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Siwan, in connection with Darauli Police Station Case No. 336 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section
Patna High Court CR. MISC. No.24325 of 2025(2) dt.02-05-2025 3/3 482(2) of the BNSS, 2023. HarshPandey/- (Anil Kumar Sinha, J) U T