Patna High CourtCR. MISC./421/2019bail granted

Mohan Sahni And ANR v. The State Of Bihar

2019-01-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.421 of 2019 Arising Out of PS. Case No.-504 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ======================================================

1. Mohan Sahni, S/O Kishor Sahni, age 35 years, Gender - Male

2. Ram Babu Sahni, age 40 years, S/O Badan Sahni, Gender - Male, Resident of Village - Sirkhiriya, P.S.-Runnisaidpur, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30, 30g, 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016. From the house of the petitioners, country made liquor was allegedly recovered.

Submission is that house is occupied by other family members also. Petitioners have got no criminal antecedent.

Considering the fact that the recovery is not alleged from conscious possession of the petitioners and they have got no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the Court below within

Patna High Court Cr.Misc. No.421 of 2019(2) dt.28-01-2019 2/2 a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Runnisaidpur Police Station Case No. 504 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/Rajan U T