Kishori Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7866 of 2022 Arising Out of PS. Case No.-537 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== 1.

KISHORI SAHANI Son of Late Harishankar Sahani Resident of VillageGodigawa, P.S.- Sugauli, District- East Champaran. 2.

Biltu Sahni @ Subhash Sahni Son of Late Chathru Sahani Resident of Village- Godigawa, P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) (b) (c) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 200 litres of mahua solution from the house of petitioner no.1 and 200 litres of mahua solution from the house of petitioner no.2.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, they

Patna High Court CR. MISC. No.7866 of 2022(2) dt.08-07-2022 2/2 were not apprehended from the spot as such nothing was recovered from their conscious possession. It is further submitted that the house is a joint family property as such it cannot be alleged that the petitioners had kept the alleged mahua solution in their house and the petitioners were falsely implicated based on secret information.

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

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. 1,000/- (Rupees One 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 Sugauli P.S. Case No. 537 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T