IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35813 of 2026 Arising Out of PS. Case No.-91 Year-2026 Thana- MEHSI District- East Champaran ====================================================== Rahul Kumar Sahni S/O Kailash Sahni @ Jala Sahni @ Kailash Sahani Resident of Village- Semra, P.S.- Mehsi, 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. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 2 26-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Mehsi P.S. Case No. 91 of 2026 for allegedly having committed offence under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant, to the effect that on 08.03.2026 at about 06:05 hours, the informant along with police personnel proceeded for patrolling duty and during course of the same, he received a secret information that the petitioner was manufacturing illicit country made chulai liquor and selling the same near the thatched house and boring in the wheat field of one Jala Sahni. After giving information to Patna High Court CR. MISC. No.35813 of 2026(2) dt.26-05-2026 2/4 the higher officials, to verify the authenticity of the secret information, the informant along with police party reached the place of occurrence. After seeing the police party, two persons started fleeing away, however on chase, one person was apprehended, who disclosed his name as Rohit Kumar. He further disclosed the name of the person who fled away as the petitioner. On search total 10 litres of country made chulai liquor was recovered from possession of the co-accused, namely, Rohit Kumar and on search of plastic dabbu, total 30 litres of country made chulai liquor was recovered. It is alleged that 30 litres of liquor belongs to the petitioner. 4. The learned counsel for the petitioner submits that total 40 litres of country made chulai liquor was recovered, out of which, 30 litres country made chulai liquor was recovered near the thatched house and boring in the wheat field of Jala Sahni. The name of the petitioner transpired in the present case on the disclosure made by the apprehended person, namely, Rohit Kumar. The petitioner was not present at the place of occurrence and has got no concern with the alleged seized liquor. The said Rohit Kumar is in inimical term with the petitioner and to settle the score, he has named the petitioner as an accused in the present case. The petitioner has got one Patna High Court CR. MISC. No.35813 of 2026(2) dt.26-05-2026 3/4 antecedent bearing Mehsi P.S. Case No. 229 of 2025 for allegedly having committed an offence under Section 30(a) of the Bihar Prohibition Excise Act, in which he is on bail. 5. Per contra, the learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is an accused in similar nature of case and he does not deserve the privilege of anticipatory bail. 6. Considering the rival submission and after going through the records, it appears that total 40 litres of country made chulai liquor was recovered from the place, out of which, 30 litres is said to have been recovered from a thatched house and a boring in the wheat field. The petitioner was not present at the place of occurrence and, therefore there is no question of any recovery from him. His name transpired on the basis of the statement given by the apprehended person, namely, Rohit Kumar. The petitioner is an accused in one another case of similar nature. 7. Considering the above, let the petitioner above- named, in the event of his arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Patna High Court CR. MISC. No.35813 of 2026(2) dt.26-05-2026 4/4 Excise Court No.03, I/c, East Champaran at Motihari in connection with Mehsi P.S. Case No.91 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S with a further condition that:- The learned court concerned shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Sanjay/- (Ritesh Kumar, J.) U T