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2025 DAILYLAW 99713 (PAT)

Chanar Sahni @ Chandrama Sahni v. The State of Bihar

CR. MISC./60399/2025 · 2025-09-22

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60399 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- MAKER District- Saran ====================================================== Chanar Sahni @ Chandrama Sahni Son of Late Pathalu Sahni @ Dila Sahni Resident of village - Murahi, P.S.- Maker, District - Saran at Chapra. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Sharma For the Opposite Party/s : Mr.Pradeep Narain Kumar ====================================================== 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 Maker P.S. Case No. 65 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022. 3. As per prosecution case, 165 litre country made liquor was recovered from the sack kept in Murahi Ghat and Mahal chowkidar disclosed the name of petitioner and others who fled away from the spot. Mahal chowkidar further disclosed that petitioner and others are involved in illegal trade of liquor. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged Patna High Court CR. MISC. No.60399 of 2025(2) dt.22-09-2025 2/3 in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. He further submits that except disclosure of Mahal Chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. He further submits that place of recovery is an open place and petitioner cannot be held responsible for the alleged recovery. No incriminating article has been recovered from possession of the petitioner. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision 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, keeping in view clean antecedent of the 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 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 Patna High Court CR. MISC. No.60399 of 2025(2) dt.22-09-2025 3/3 amount each to the satisfaction of learned Additional Sessions Judge-cum-Presiding Officer, Exclusive Special Court-3, Saran at Chapra in connection with Maker P.S. Case No. 65 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T