Akhilesh Kumar Sahni @ Akhilesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3161 of 2022 Arising Out of PS. Case No.-287 Year-2021 Thana- TARAIYA District- Saran ====================================================== Akhilesh Kumar Sahni @ Akhilesh Sahni S/o Upendra Sahni @ Opendra Sahni R/o village Hasanpur Baniyapur, P.S. Taraiya, District Saran- 841424. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 1000 litres of illicit liquor has been recovered from a bamboo clump. The allegation against the petitioner and co-accused Bachcha Sahani is that they are said to have concealed the illicit liquor in a bamboo clump. The petitioner has got one criminal antecedent being Taraiya P.S. Case No.288 of 2021 as stated in paragraph-3 of the bail application in which he is on bail.

Patna High Court CR. MISC. No.3161 of 2022(2) dt.01-07-2022 2/2 Petitioner is agree to deposit a sum of Rs. 40,000/- (rupees fourty thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the facts aforesaid and the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Saran in connection with Taraiya P.S. Case No.287 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T