Patna High CourtCR. MISC./7329/2024bail granted

Mithlesh Sahni v. The State Of Bihar

2024-02-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7329 of 2024 Arising Out of PS. Case No.-333 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Mithlesh Sahni Son of Jagdish Sahni @ Jagadish Chaudhary Resident of Village-Bhadoghat, P.S.-Warisnagar, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Warisnagar P.S. Case No. 333 of 2023, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 6.300 liters of liquor from a sack thrown on the road.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he

Patna High Court CR. MISC. No.7329 of 2024(2) dt.22-02-2024 2/2 came to be implicated at the instance of Chowkidar with whom he is on an inimical term when petitioner admittedly is a person with clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise - II, Samastipur, where the case is pending/successor court in connection with Warisnagar P.S. Case No. 333 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) aditi/- U