Neta Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10356 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- PURNAHYA District- Sheohar ====================================================== 1.
Neta Sahni Son Of Sri Ganesh Sahni R/O Vill.- Belwa Narkatia, P.S.- Piprahi, Distt.,- Sheohar 2.
Umesh Sahni Son Of Ganesh Sahni R/O Vill.- Belwa Narkatia, P.S.- Piprahi, Distt.,- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad Singh For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 166.2 liters of Karishma Nepali country made liquor is said to have recovered from the place of the occurrence. He submits that during course of investigation police does not found any cogent material against the petitioners. He submits that there is no recovery made from
Patna High Court CR. MISC. No.10356 of 2023(2) dt.24-04-2023 2/3 the conscious possession of the petitioners. He further submits that petitioners have got one criminal antecedent as stated in para-3 of the bail application.
Petitioners are agreed to deposit a sum of Rs. 20,000.00/- (Rupees Twenty Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna. Considering the facts and circumstance of the case and the fact that nothing recovered from the conscious possession of the petitioners, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty 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 Purnahiya P.S. Case No. 159 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioners shall not indulge himself in any
Patna High Court CR. MISC. No.10356 of 2023(2) dt.24-04-2023 3/3 similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) ajay/- U T