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2025 DAILYLAW 99994 (PAT)

Lalji Sahani @ Lalji Kumar v. The State of Bihar

CR. MISC./65599/2025 · 2025-09-24

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65599 of 2025 Arising Out of PS. Case No.-165 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Lalji Sahani @ Lalji Kumar S/o Late Manju Sahani R/o vill - Dipahu Dhangad Toli, Ps- Kotwa, District- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar For the Opposite Party/s : Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-09-2025 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 Section 30(a), 32 and 41(i) of Bihar Prohibition and Excise Act, 2022. 3. As per prosecution case, informant got secret information that petitioner and other have kept illicit liquor in their house and selling it. Upon verification, 15 litre illicit liquor was recovered from the khaprail house of the petitioner. 4. Learned counsel for the petitioner submits that name of the petitioner came to fore on the basis of secret information but the source of secret information has not been divulged in the FIR, which questions the authenticity of the Patna High Court CR. MISC. No.65599 of 2025(2) dt.24-09-2025 2/2 prosecution story. Petitioner has no concern with the khaprail house. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears one criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner. 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 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 amount each to the satisfaction of learned Special Judge, Excise Court No. 1, East Champaran, Motihari in connection with Lakhaura P.S. Case No. 165 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. vashudha/- (Alok Kumar Pandey, J) U T