IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60207 of 2025 Arising Out of PS. Case No.-165 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Ranjit Sahani S/o Sukhadi Sahani @ Sukhadi Sahni R/o Village- Jhitakhiyan, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Kanhiya Kishor, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Lakhaura P.S. Case No. 165 of 2025 registered for the offences punishable under Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, 20 litre country made chulai liquor was recovered from the house of petitioner and he succeeded in fleeing away from the place of occurrence. It is further alleged that 15 litre country made chulai liquor was recovered from the house of co-accused Laljee Sahani who fled away from the place of occurrence and 15 litre country made chulai liquor was recovered from the house of co-accused Eqbal Sahani who was apprehended on the spot. Patna High Court CR. MISC. No.60207 of 2025(2) dt.22-09-2025 2/3 4. Learned counsel for the petitioner submits that the place from where the alleged recovery has been made, is joint house property and petitioner cannot be held liable for the alleged recovery. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that mandatory provisions of Section 103 of BNSS has not been followed. 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 criminal antecedent of four cases in which he is on bail. He further submits that just because of having criminal antecedents, petitioner has falsely been implicated in the present case in a routine manner. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, 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 learned trial court within a period of six weeks from Patna High Court CR. MISC. No.60207 of 2025(2) dt.22-09-2025 3/3 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 Special Judge, Excise Court No.-I, Motihari, East Champaran in connection with Lakhaura P.S. Case No. 165 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