Anandi Sahani @ Anandilal SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35681 of 2026
                 Arising Out of PS. Case No.-101 Year-2026 Thana- MADHUBAN District- East Champaran
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                 Anandi Sahani @ Anandilal Sahani Son of Late Rajendra Sahani Resident of
                 Village- Bara Hardiya, Hardiya, P.S.- Madhuban, East Champaran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rishav Dev, Adv.
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   02-06-2026                  Heard Mr. Rishav Dev, learned Advocate for the

                   petitioner and Mr. Mritunjay Kumar Nirala, learned Additional

                   Public Prosecutor for the State through virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Madhuban P.S. Case No. 101 of 2026, registered for the

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

                   and Excise (Amendment) Act, 2022.

                                3. The police on a secret information regarding

                   concealment and sell of illicit wine conducted raid nearby a

                   pond situated at Bara Hardia. However, noticing the police

                   party, one person succeeded in fleeing away, who was later on

                   identified by the Chowkidar as the petitioner. In course of

                   search, total 145 litres country made chulai liquor was

                   recovered.
Patna High Court CR. MISC. No.35681 of 2026(2) dt.02-06-2026
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                       4. Learned Advocate for the petitioner taking this

          Court through the FIR submitted that admittedly the alleged

          recovery has been made nearby the pond which belongs to one

          Chalhai Sahani and, as such, in no circumstances the petitioner

          can be held responsible for the same. There is complete defiance

          of Sections 103 and 105 of the BNSS. The petitioner bears fair

          antecedent and he undertakes that he will fully cooperate in the

          proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          huge consignment of illicit liquor has been recovered nearby a

          pond and the local Chowkidar has disclosed his name, besides

          there is express bar to maintain anticipatory bail in terms of

          Section 76(2) of the Bihar Prohibition and Excise (Amendment)

          Act.

                       6. Having considered the submissions advanced on

          behalf of the respective parties and taking note of the fact that

          the alleged recovery has been made from an open place that

          does not belong to the petitioner, coupled with the fair

          antecedent as also the absence of any ingredient attracting the

          rigors provided under Section 76(2) of the Bihar Prohibition and

          Excise (Amendment) Act, let the petitioner abovenamed be
           Patna High Court CR. MISC. No.35681 of 2026(2) dt.02-06-2026
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                     released on bail, in the event of his arrest or surrender before the

                     court below within a period of four weeks from the date of

                     receipt/production of a copy of this order, upon furnishing bail

                     bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Exclusive Special

                     Excise Court No. 3, East Champaran, Motihari in connection

                     with Madhuban P.S. Case No. 101 of 2026, subject to the

                     conditions laid down in Section 482(2) of the Bharatiya Nagrik

                     Suraksha Sanhita, 2023, with the further condition that one of

                     the bailors shall be the own/close family members of the

                     petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T