Amar Sahni @ Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3309 of 2020 Arising Out of PS. Case No.-115 Year-2019 Thana- DANDARI District- Begusarai ====================================================== 1.

Amar Sahni @ Amar Kumar Son of Supan Sahni Resident of - Dandari, P.S.- Dandari, District- Begusarai 2.

Rohit Sahni @ Kachchu Son of Chatu Sahni Resident of - Baluahi, P.S.- Town, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Dandari P.S. Case No. 115 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 188, 224, 225 of the Indian Penal Code and Sections 30 (a) and 45 of the Bihar Prohibition & Excise Act, 2016.

The police has recovered 375 ml. foreign made liquor from the possession of co-accused Supan Sahni and the petitioners fled away, however, counsel for the petitioners submits that they have got no criminal antecedent. Looking to the quantity of liquor recovered and antecedents, let the petitioners, above-named, be released on

Patna High Court CR. MISC. No.3309 of 2020(2) dt.28-02-2020 2/2 anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Begusarai in connection with Dandari P.S. Case No. 115 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that if the petitioners, after their release in this case, are again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of their bail bonds.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedents of the petitioners. If they are having clean antecedent then their bail bond would be accepted. If they are found to be involved in any other case before filing of this application, i.e., 14.01.2020 then their bail bond would not be accepted.

(Shivaji Pandey, J) V.K.Pandey/- U T