IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73053 of 2025 Arising Out of PS. Case No.-392 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1. Jasawant Sahani @ Jasasman Kumar @ Sonu Kumar @ Jasman Kumar S/o Chhapan Dev Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 2. Bhola Sahani @ Dinesh Sahani S/o Ramekbal Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 3. Chhapandev Sahani S/o Late Jogi Sahani @ Late Yogi Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 4. Matang Sahani S/o Late Jogi Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 5. Vijay Sahani S/o Matang Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 6. Ramekbal Sahani S/o Late Jogi Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 7. Sunita Devi W/o Dinesh Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 8. Phool Kumari Devi W/o Hari Kishor Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 9. Kismati Devi W/o Vijay Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 10. Niraj Kumar S/o Hiralal Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 11. Reena Devi W/o Hiralal Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran 12. Mahesh Sahani S/o Ramekbal Sahani R/o Village - Majhar Godhiya Tola, Ward No. 15, P.S - Pakaridayal, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar For the Opposite Party/s : Mrs. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 17-10-2025 Heard learned counsel for the petitioners and Patna High Court CR. MISC. No.73053 of 2025(2) dt.17-10-2025 2/4 learned APP for the State. 2. Learned counsel for the petitioners submits that petitioner no. 2 was arrested during the pendency of the bail application, and petitioner no. 12 passed away during the same period. Therefore, he seeks permission to withdraw the bail application with respect to petitioner nos. 2 and 12. 3. Permission is granted. 4. Accordingly, this application as against the petitioner no.2 and 12 is dismissed as withdrawn. 5. Now, this application is being heard only with respect to the petitioner nos.1 and 3 to 11. 6. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act. 7. As per the FIR, the informant received a secret information regarding the manufacture and possession of illicit liquor. Acting upon the said information, the informant, along with police, proceeded to the place of occurrence and seized 15 litres of illicit liquor near simarbani. 8. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case only on the basis of the statement Patna High Court CR. MISC. No.73053 of 2025(2) dt.17-10-2025 3/4 made by the local Chaukidar. There is no recovery from the conscious possession of the petitioners and they are in no way connect to the seized liquor. There is no independent witness to the seizure list. Lastly, it is submitted that Petitioner No. 1 has one criminal antecedent akin to the instant case and he is on bail in that case, whereas Petitioner Nos. 3 to 11 have no criminal antecedent. 9. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners. 10. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and/ or premises belonging to the petitioners, accordingly, this Court is inclined to grant anticipatory bail to the petitioner nos.1 and 3 to 11. 11. Let the petitioner nos.1 and 3 to 11, 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) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-3, Motihari/East Champaran in connection with Pakaridayal P.S. Patna High Court CR. MISC. No.73053 of 2025(2) dt.17-10-2025 4/4 Case No.392 of 2025 subject to the condition as laid down under Section 482(2) of the BNSS, 2023. shikha/- (Ajit Kumar, J) U T