IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32415 of 2025 Arising Out of PS. Case No.-477 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Pradeep Sahani S/O Sipahi Sahani Resident of Village- Godigawa, P.S- Sugauli, District- East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 20-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Sugauli P.S. Case No. 477 of 2024 registered for the offences punishable under Sections 30(a) and 30(f) of the Bihar Prohibition and Excise (Amendment) Act. 3. As per prosecution case, 80 litre country made chulai liquor and three liquor making machines of copper were recovered from the bank of Sikrahana river at Godiyava village. It is alleged that 150 litre semi prepared liquor (poss) was also recovered and the same is destroyed at the place of occurrence. Local chaukidar disclosed the name of the petitioner and others who succeeded in fleeing away from the place of occurrence. Patna High Court CR. MISC. No.32415 of 2025(2) dt.20-05-2025 2/3 4. Learned counsel for the petitioner submits that place of recovery is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. Petitioner was not found at the place of occurrence. He has falsely been implicated in the present case merely on the basis of suspicion. Except suspicion, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. Petitioner is innocent and has committed no offence as alleged in the FIR. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Petitioner bears criminal antecedent of three cases in which he is on bail. He further submits that co-accused Samundar Sahani has already been granted anticipatory bail by the Co- ordinate Bench of this Court vide Cr. Misc. No. 8378 of 2025 and the case of present petitioner stands on similar footing and, hence, on the principal of parity, he also deserves anticipatory bail. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, co-accused has already been granted anticipatory bail by Patna High Court CR. MISC. No.32415 of 2025(2) dt.20-05-2025 3/3 the Co-ordinate Bench of this Court, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten 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 P.S. Case No. 477 of 2024, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T