IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17633 of 2026 Arising Out of PS. Case No.-463 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Rajesh Sahani Son of Ramdev Sahani Resident of village - Suga Pipar, P.S.- Patahi, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 25-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Patahi P.S. Case No.463 of 2025, F.I.R dated 04.11.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. As per the prosecution case, on 04.11.2025 at about 5:00 PM, the informant, Baban Kumar, S.H.O., Patahi P.S., while on patrolling duty with his team, received secret information that Ramdev Sahani and Upendra Sahani were concealing and selling illicit liquor. Acting on the information, the police team reached near the house of Rajesh Sahani, where they allegedly saw two persons concealing sacks of liquor about Patna High Court CR. MISC. No.17633 of 2026(2) dt.25-03-2026 2/3 100 meters away from the house. On seeing the police, both persons allegedly threw the sacks into a paddy field and fled away. The local chowkidar identified the fleeing persons as Rajesh Sahani (petitioner) and Upendra Sahani. Upon search of the sacks, the police allegedly recovered 87.600 litres of Nepali liquor. 4. Learned counsel for the petitioner submits that recovery of the seized liquor has been made from a paddy field, and the place of recovery is from an open space, which is accessible to all, and is not at all related to the petitioner. It has further been submitted that the name of the petitioner has transpired on the basis of secret information given by a local chowkidaar. It has lastly been submitted that the petitioner has clean antecedent and has no knowledge about the said recovery and is in no way connected with the seized liquor. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner and the petitioner has clean antecedent and is in no way connected with the seized liquor, Patna High Court CR. MISC. No.17633 of 2026(2) dt.25-03-2026 3/3 accordingly, this Court is inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, 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) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.3, East Champaran, in connection with Patahi P.S. Case No.463 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. sharun/- (Ajit Kumar, J) U T