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2025 DAILYLAW 92755 (PAT)

Ramu sahani v. The State of Bihar

CR. MISC./84184/2025 · 2025-12-18

Ajit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84184 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- MADHUBAN District- East Champaran ====================================================== Ramu sahani S/O Upendra Sahani @ Upendra Sahni Resident of village - Kauriya, P.S- Madhuban, Dist.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 18-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No.336 of 2025, F.I.R dated 12.09.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. 3. As per the prosecution case, on 12.09.2025 at about 7:30 p.m., acting on secret information, police conducted raids at the huts of Kamod Rai and Ramu Sahani. Both fled on seeing the police. During searches, 30 liters of country-made liquor were recovered from Kamod Rai’s hut and 10 liters from Ramu Sahani’s hut, which were seized and seizure lists were prepared. 4. Learned counsel for the petitioner submits that the recovery has been made from a hut of Ramu Sahni but there is nothing on record to show that the said hut belongs to the petitioner. It has next been submitted that the petitioner is Patna High Court CR. MISC. No.84184 of 2025(3) dt.18-12-2025 2/2 neither connected with the seized articles nor was present at the place of occurrence. The petitioner has clean antecedent. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner and the petitioner has clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today 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 Excise Court No.3, Motihari, East Champaran, in connection with Madhuban P.S. Case No.336 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. sharun/- (Ajit Kumar, J) U T