IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43295 of 2025 Arising Out of PS. Case No.-188 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Sajan Sahni @ Sajan Shani S/o Tetar Sahni R/o vill - Goriyari, ward no. 12, P.s. - Bakhri, Distt.- Begusarai ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar For the Opposite Party/s : Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Bakhri P.S. Case No. 188 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per prosecution case, four litre country made chulai liquor was recovered from the house of the petitioner. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. He further submits that search and seizure memo has been prepared on 18.05.2025 at 19:30 PM rather the FIR has been instituted on 19.05.2025 at 00:20 AM. He further submits that FIR number Patna High Court CR. MISC. No.43295 of 2025(2) dt.16-07-2025 2/3 has been mentioned in the search and seizure memo prior to the lodging of the FIR which creates suspicion upon the story of prosecution. Petitioner was not found at the place of occurrence. He further submits that the place of recovery is wrongly shown as house of the petitioner rather it has been orally submitted that the place of recovery is joint house property and petitioner cannot be held liable for the alleged recovery. 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 four cases in which he is on bail. He further submits that petitioner has been roped in a case one after another in a routine manner without any basis. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner by submitting that four litre country made chulai liquor was recovered from the house of the petitioner and petitioner cannot escape from the liability of the alleged recovery. 6. Considering the facts and circumstances of the case, 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 Patna High Court CR. MISC. No.43295 of 2025(2) dt.16-07-2025 3/3 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 Exclusive Special Judge, Excise – II, Begusarai in connection with Bakhri P.S. Case No. 188 of 2025, 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