Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3716 of 2020 Arising Out of PS. Case No.-65 Year-2019 Thana- PURNAHYA District- Sheohar ====================================================== Suresh Sahni Son of Deo Sharan Sahni @ Dhanai Sahni, Resident of Village - Piprahi, Punarvas, P.S.- Purnahia, Dist.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Purnahia P.S. Case No. 65 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

88.500 litres of Nepali liquor have been recovered near Adauri Amba Canal.

It is submitted that petitioner has falsely been implicated in this case. Recovery has been made from open place which is accessible to all. Nothing has been recovered from

Patna High Court CR. MISC. No.3716 of 2020(2) dt.11-06-2020 2/2 conscious possession of this petitioner. Petitioner has no concern with the seized liquor. Name of this petitioner has come in this case on the basis of confessional statement of co-accused. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge Ist-cum-Special Court, Excise, Sheohar in connection with Purnahia P.S. Case No. 65 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T