IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34747 of 2025 Arising Out of PS. Case No.-409 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== 1. Sanju Sahani Son of Jawahir Sahani Resident of Village - Chichurahiya, P.S.- Banjariya, District - East Champaran. 2. Pradip Sahani Son of Ramnath Sahani @ Ramnath Sahni Resident of Village - Chichurahiya, P.S.- Banjariya, District - East Champaran. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. Mr. Heman Ray, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 22-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Banjariya P.S. Case No. 409/2024 registered for the offences punishable under Sections 274, 275 of the B.N.S. and Sections 30 (a), 41 (i) of the Bihar Prohibition of Excise Act. 3. As per prosecution case, there is alleged recovery of 50 liters country made liquor from the bank of Tilawe river. Local Chaukidar disclosed the name of the petitioners who fled away from the place of occurrence. 4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.34747 of 2025(2) dt.22-05-2025 2/3 petitioners are innocent and have committed no offence as alleged in the FIR. Except disclosure of local chaukidar, there is nothing on record to demonstrate the complicity of the present petitioner with the allleged occurrence. The petitioners bear no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioners. He further submits that the petitioners were not found at the place of occurrence. The alleged recovery was made from the open place which is accessible to all and the petitioner cannot be held liable for the alleged occurrence. He further submits that in the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioners under the provisions of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioners. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their 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 Patna High Court CR. MISC. No.34747 of 2025(2) dt.22-05-2025 3/3 ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.-I, Motihari, East Champaran in connection with Banjariya P.S. Case No. 409/2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. amitkumar/- (Alok Kumar Pandey, J) U T