IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61874 of 2025 Arising Out of PS. Case No.-221 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Gajendra Sahani son of Acchelal Sahani @ Achchhelal Sahni Resident of Village- Mehwa, Ps- sugauli, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar, Adv For the Opposite Party/s : Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner is apprehending arrest in connection with Sugauli P.S. Case No. 221 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per prosecution case, there is alleged recovery of 80 liters illicit country made liquor from the maize field in front of Mehwa Ghat. Local chowkidar disclosed the name of the petitioner and other who are said to have fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated Patna High Court CR. MISC. No.61874 of 2025(2) dt.23-09-2025 2/3 in this case. The place from where the alleged recovery has been made is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. He further submits that except disclosure of local chowkidar, there is nothing on record to connect the petitioner with the alleged occurrence. Petitioner bears criminal antecedent of three cases in which he is already on bail. It is submitted that because of having criminal antecedent petitioner has been falsely implicated in the present case by the local chowkidar. 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. 5. The learned A.P.P. for the State vehemently 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 arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge Excise Court Patna High Court CR. MISC. No.61874 of 2025(2) dt.23-09-2025 3/3 No. I, East Champaran, Motihar/concerned Court in connection with Sugauli P.S. Case No. 221 of 2025, subject to the conditions as laid down under section 482(2) of the B.N.S.S. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T