Anil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10050 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== ANIL SAHNI S/O MR. DURGA SAHNI Resident of Village- Kalwari, P.S.- kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 149, 341, 323, 353, 224, 427, 504 of the Indian Penal Code and section 37 of Bihar Prohibition and Excise Act.

As per the allegation, petitioner is involved in obstructing the police official in discharge of their official duties and assaulted the police parties.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Nothing has been recovered from the house

Patna High Court CR. MISC. No.10050 of 2023(2) dt.20-04-2023 2/2 of the petitioner. The police neither apprehended him nor he escaped from police custody. He further submits that breath analyzer test of the petitioner shows 0mg/100ml reading, which clearly indicates that he had not consumed liquor. It is further submitted that co-accused Mukesh Manjhi has already been granted anticipatory bail by a co-ordinate Bench of this Court, which is also evident in Annexure-2 of the bail application. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kanti P.S. Case No.393 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T