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2025 DAILYLAW 69006 (PAT)

Sobilal Sahni @ Somi Lal Sahni v. The State of Bihar

CR. MISC./57265/2025 · 2025-09-09

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57265 of 2025 Arising Out of PS. Case No.-479 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Sobilal Sahni @ Somi Lal Sahni son of Bikau Sahni Resident of Village -Jaukatiya Buda Malai tola PS -Majhaulia District -West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act. 3. There is recovery of 4 litres country made liquor from a bamboo thicket of one Maharaj Sahni. The local chaukidar has disclosed the name of petitioner, who is alleged to have fled away taking benefit of river. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure made by local chaukidar. Petitioner has never dealt with illicit liquor and nothing incriminating article has been recovered from conscious possession of the petitioner. The alleged recovery of liquor has Patna High Court CR. MISC. No.57265 of 2025(2) dt.09-09-2025 2/2 been made from a bamboo thicket of one Maharaj Sahni. Petitioner has no concern with the seized illicit liquor. The petitioner has one criminal antecedent of different nature in which he is bail and he undertakes to cooperate in the investigation and the trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court -II, Bettiah, West Champaran in connection with Majhaulia @ Majhauliya P.S. Case No.479 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Harish/- (Sunil Dutta Mishra, J) U T