Patna High CourtCR. MISC./2630/2022partly allowed disposal

Brajesh Kumar Sahani @ Brajesh Sahani v. The State Of Bihar

2022-09-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2630 of 2022 Arising Out of PS. Case No.-325 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== 1.

Brajesh Kumar Sahani @ Brajesh Sahani Son Of Gonaur Sahani Resident Of Village - Barkagaon Chakla Tola, P.S. - Karja, District - Muzaffarpur. 2.

Sunil Kumar Sahani @ Sunil Sahani Son of Gonaur Sahani Resident of Village - Barkagaon Chakla Tola, P.S. - Karja, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awnish Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 35.685 ml of illicit liquor from the land of the petitioners.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 1 namely Brajesh Kumar Sahani @

Patna High Court CR. MISC. No.2630 of 2022(4) dt.28-09-2022 2/3 Brajesh Sahani.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 1 is permitted to be withdrawn. It is submitted by learned counsel for the petitioner No. 2 that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioners are own brothers and for the alleged recovery of illicit liquor, both the petitioners have been made accused. In the facts and circumstance of the case, let the petitioner No. 2, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Karja P.S. Case No. 325 of 2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No.2630 of 2022(4) dt.28-09-2022 3/3 Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T