Rajendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6978 of 2020 Arising Out of PS. Case No.-258 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Rajendra Sahni, Son of- Wakil Sahni, Resident of - Binalpur, P.S. - Teghra, District - Begusarai.

2.

Bhandari Paswan, Son of - Chamru Paswan, Resident of - Binalpur, P.S. - Teghra, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2020 Learned counsel for the petitioners seeks permission to withdraw the bail application filed on behalf of petitioner no.2, namely, Bhandari Paswan, as he already has been arrested during the pendency of this application.

Heard learned counsel for the petitioner and the State. The petitioner no.1 apprehends his arrest in connection with Teghra P.S. Case No. 258 of 2019 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that in the instant case total 32 litres of country made liquor was

Patna High Court CR. MISC. No.6978 of 2020(2) dt.28-02-2020 2/2 seized. He further submits that from the house of Indal Sahni 12 litres of country made liquor was recovered. From the house of Sambhu Sahni 8 litres country made liquor. From the house of Radheyshaym Sahni 12 litres of illicit country made liquor was also recovered and nothing was recovered from the conscious possession of the petitioner.

Considering the fact that nothing was recovered from the possession of the petitioner no.1 and he has got clean antecedent, the petitioner no.1 named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Begusarai in connection with Teghra P.S. Case No. 258 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) uday/- U T