IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58668 of 2025 Arising Out of PS. Case No.-370 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== Umesh Sahni S/O Late Devan Sahni Resident of Village - Chakki Jamalabad, P.S.- Motipur, Dist.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 317(5) of the Bharatiya Nyaya Sanhita (BNS) and Sections 30(a) of the Bihar Prohibition and Excise Act. 3. Allegation is of recovery of 77 litres of desi chulai liquor from bathan of co-accused Vicky Kumar and also a motorcycle. 4. Learned counsel for the petitioner submits that petitioner is not the owner of the seized vehicle and the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Ravindra Sahani. Further, there is no independent witness to the seizure list which amounts to violation Patna High Court CR. MISC. No.58668 of 2025(2) dt.29-08-2025 2/2 of the mandatory provisions of search and seizure. Moreover, the place of recovery is an open space accessible to all. 5. Considering the facts and circumstances of the case and also considering that there is no recovery from the physical and conscious possession of the petitioner, let the petitioner, above named, who has no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Motipur P.S. Case No. 370 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. ranjan/- (Soni Shrivastava, J) U