IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54098 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Sudhir Sahni @ Sudhir Kumar S/O Phaguni Sahni @ Faguni Sahani village- Shambhupatti, Police Station- Karpoorigram, District - Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Pratap, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends arrest in connection with Sadar Excise P.S. Case No. 48 of 2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 101.760 liters liquor was recovered from the straw house (bhoosa ghar) of co- accused, Phaguni Sahni. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the alleged recovery has been made from straw Patna High Court CR. MISC. No.54098 of 2025(2) dt.08-08-2025 2/3 house (bhoosa ghar) of co-accused, namely, Phaguni Sahni and the petitioner has got no concern with the alleged place of recovery. It is further submitted that name of the petitioner has transpired in this case as being son of co-accused person. Learned counsel for the petitioner, therefore, contends that prima-facie, no case is made out against the petitioner. The petitioner has got two criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 14.05.2025 passed in Cr. Misc. No. 20463 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise P.S. Case No. 48 of 2025, subject to the conditions as laid down Patna High Court CR. MISC. No.54098 of 2025(2) dt.08-08-2025 3/3 under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Rajorshi/- (Rudra Prakash Mishra, J) U T