Patna High CourtCR. MISC./13750/2024bail granted

Bhagwan Sahni v. The State Of Bihar

2024-03-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13750 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- PIYAR District- Muzaffarpur ====================================================== 1.

Bhagwan Sahni Son of Jadu Sahni @ Chandu Sahni R/o vill - Baigra, P.S. - Pear, Distt. - Muzaffarpur 2.

Jadu Sahni @ Chandu Sahni Son of Late Jugeshwar Sahni R/o vill - Baigra, P.S. - Pear, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioners submits that petitioner no. 2 is a person with clean antecedent and petitioner no. 1 has antecedent of one case.

4. Allegation is of recovery of 20 litres of liquor from a place behind the house of the petitioners.

5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged

Patna High Court CR. MISC. No.13750 of 2024(2) dt.07-03-2024 2/2 recovery is from a place which does not belong to the petitioners and they came to be implicated based on secret information which is the easiest way to implicate someone.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each 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 Piar P.S. Case No. 248 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T