Subhas Sahni @ Shobha Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4599 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== SUBHAS SAHNI @ SHOBHA SAHNI S/O LATE MURAT SAHNI Resident of village- Jagdishpur, P.S.- Manigachhi, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Ms.Indu Kumari Srivastava,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Manigachhi P.S. Case No.168 of 2022 registered under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits nothing has been recovered from possession of the petitioner rather recovery has been made from the street. It is also submitted that similarly situated co-accused has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 20.01.2023 passed in Cr.Misc.No.567 of 2023.

Learned counsel for the petitioner further submits that the petitioner is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) each in the PM.Cares Fund, bearing Account

Patna High Court CR. MISC. No.4599 of 2023(2) dt.28-04-2023 2/3 No.2121PM20202, IFS Code : SBIN0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi, Main Branch, UPI ID:pmcares@sbi.

Having considered the above facts and circumstances of the case, the submissions advanced on behalf of the parties as well as the undertaking of the petitioner, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Special Excise Judge II, Darbhanga in connection with Manigachhi P.S. Case No.168 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., with further conditions:

(i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner. (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate

Patna High Court CR. MISC. No.4599 of 2023(2) dt.28-04-2023 3/3 proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of PM Cares Fund.

(Arvind Srivastava, J) Harish/- U T