Lalan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2668 of 2022 Arising Out of PS. Case No.-499 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== LALAN SAHANI SON OF MUSHHAR SAHANI R/O VILLAGEISMAILPUR, P.S.- HAJIPUR SADAR IN THE DISTRICT OF VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned A.P.P. 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, 2016.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Allegation is of recovery of 723.76 litres of liquor from the thatched adjoining to the house of the petitioner. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. Petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery was made from a place outside the house of the petitioner as alleged in the FIR. It is next submitted that

Patna High Court CR. MISC. No.2668 of 2022(2) dt.01-07-2022 2/2 petitioner came to be implicated falsely by the police with a view to save the real culprits based on secret information. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a person with clean antecedent, the 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 released on anticipatory bail on furnishing bail bonds of Rs.3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Sadar P.S. Case No. 499 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T