IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68895 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- Nehra District- Darbhanga ====================================================== Badri Sahni S/O Prayag Sahni @ Mahendra Sahni R/O Village- Nehra, P.S - Nehra, District- Darbhanga. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nawal Kishor Prasad For the Opposite Party/s : Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 08-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Nehra P.S. Case No. 87 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3. As per prosecution case, 16 litre illicit liquor was recovered from bamboo clump and local chaukidar disclosed the name of the petitioner who fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that except disclosure of local chaukidar, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. Learned counsel orally submits that place of Patna High Court CR. MISC. No.68895 of 2025(2) dt.08-10-2025 2/3 recovery is open place and petitioner cannot be held liable for the alleged recovery. He was not found at the place of occurrence. He further petitioner has falsely been implicated in the present case due to dirty village politics. Seizure list has not been made as per law. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. 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 no criminal antecedent. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner by submitting that 16 litre illicit liquor was recovered from bamboo clump and name of the petitioner finds place in the FIR and, hence, petitioner cannot escape from the allegation made in FIR. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, 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 before the Patna High Court CR. MISC. No.68895 of 2025(2) dt.08-10-2025 3/3 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-II (Excise Act) Darbhanga in connection with Nehra P.S. Case No. 87 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