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Patna High CourtCR. MISC./1523/2019bail granted

Phulena Sahni And ANR v. The State Of Bihar

2019-01-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1523 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- DALSINGHSARAI District- Samastipur ======================================================

1. Phulena Sahni, son of Butal Sahni

2. Sakina Sahni, son of Ram Prasad Sahni, both residents of Village- Sahni Tola, Maolvi Chak, Nawada,P.S. Dalsinghsarai, Dist. Samastipur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2019 Petitioners apprehend their arrest in connection with Dalsinghsarai P.S. Case No. 300 of 2018 registered for the offence punishable under Section 272, 273 of the Indian Penal Code and Sections 30(a) and 41(i) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 8.820 litres of liquor from the possession of co-accused, who happens to be mother of petitioner No.1 and petitioners have also been named in the FIR. Submission of learned counsel for the petitioners is that nothing has been recovered from their possession and they have no criminal antecedent.

Heard learned APP also.

Having heard both sides and in the facts and

Patna High Court Cr.Misc. No.1523 of 2019(2) dt.23-01-2019 2/2 circumstances, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III-cum-Special Judge, Excise, Samastipur, in connection with Dalsinghsarai P.S. Case No. 300 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T