Arun sahniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34224 of 2026
                     Arising Out of PS. Case No.-214 Year-2026 Thana- SARAIYA District- Muzaffarpur
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           1.     Arun sahni Son of Late Sagar Sahni @ Ram Sagar Sahani R/o - Basaitha,
                  Ps- Saraiya, Dist- Muzaffarpur
           2.    Devan Sahni @ Devnarayan Sahni @ Devnarayan Son of late Sagar Sahni
                 @ Ram Sagar Sahani R/o - Basaitha, Ps- Saraiya, Dist- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Priyesh Kumar, Advocate
                 For the Opposite Party/s :        Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   19-05-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Saraiya P.S. Case No. 214 of 2026 registered for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   & Excise Act.

                                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 24.03.2026 while the informant was on

                   patrolling duty along with police party at about 6:40 P.M. he

                   received an information from the S.H.O. of the concerned police

                   station with regard to manufacturing of illicit country made
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          liquor by the petitioners and one another. The informant along

          with police party approached the place of occurrence and upon

          seeing the police party, people from nearby locality assembled

          there. Upon search, total 215 litres of illicit country made liquor

          and two gas cylinders, were recovered from four sacks

          containing liquor in Ghoghiyar Chawar. A seizure lists was

          prepared in the presence of independent witnesses. The local

          people disclosed the name of the petitioners and one another, as

          the persons indulged in manufacturing and selling illicit liquor.

                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and they have got no concern with

          the seized liquor. Nothing has been recovered from the

          possession of the petitioners and the recovery has been made

          from an open place, which is accessible to one and all. The

          name of the petitioners transpired in the this case, only on the

          basis of the information given by the local people. He furthers

          submits that the co-accused Varun Sahni @ Varun Kumar, @

          Barun Kumar has been granted the privilege of anticipatory bail

          by a learned Coordinate Bench of this court vide order dated

          13.05.2026 passed in Cr. Misc. No. 31960 of 2026. He further

          submits that the petitioners have got clean antecedent.

                       5. The learned A.P.P. for the State opposes the prayer
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          for bail of the petitioners.

                       6. Having considered the rival submissions and after

          going through the records, it appears that 215 litres of country

          made liquor was found in an open place and the local people

          named the petitioners and co-accused Varun Sahni as the person

          who are involved in manufacturing and selling of country made

          liquor. Since the petitioners were not present at the place of

          occurrence, therefore, there is no question of recovery from

          them. Co-accused Varun Sahni has been granted privilege of

          anticipatory bail by a learned Co-ordinate Bench of this Court.

          Considering the above, let the petitioners, named above, in the

          event of arrest or surrender within a period of six weeks, be

          released on bail on furnishing bail bond of Rs.10,000/- (Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Exclusive Special Judge Excise-II,

          Muzaffarpur in connection with Saraiya P.S. Case No. 214 of

          2026, subject to conditions as laid down under Section 482(2) of

          the Bhartiya Nagrik Suraksha Sanhita, 2023 with further

          condition:

                       (i) The learned Court concerned shall verify the

          criminal antecedent of the petitioners and in case at any stage, it

          is found that the petitioners have concealed their criminal
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                         antecedents, the court concerned shall take steps for cancellation

                         of bail bond of the petitioners. However, the acceptance of bail

                         bonds in terms of the above-mentioned order shall not be

                         delayed for purpose of or in the name of verification.



                                                     (Ritesh Kumar, J)


vinita/-

U          T