Ramchandra Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8627 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- MADHUBAN District- East Champaran ======================================================
1. Ramchandra Sahani aged about 48 years (M), Son of Late Parash Sahani
2. Nandu Sahani @ Nandlal Sahani aged about 50 years (M), Son of Rajman Sahani all are Resident of Village - Khairawa, P.S. - Madhuban, District - East Champaran, Motihari.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are seeking anticipatory bail in connection with Madhuban P.S. Case No. 200/2018 registered under Sections 272, 273 of the Indian Penal Code & 30(a) of Bihar Prohibition & Excise Act, 2016 pending in the court of learned Special Judge (Excise), East Champaran, Motihari. From perusal of the seizure list, it appears that there is a recovery of illicit liquor from the house of the petitioners. Learned counsel for the petitioners has though submitted that the seizure list has not been served upon any of the family members.
Considering the nature of allegations wherein recovery is from the house of the petitioners, this court is not
Patna High Court Cr.Misc. No.8627 of 2019(2) dt.18-02-2019 2/2 willing to grant privilege of anticipatory bail to the petitioners. Accordingly, prayer for anticipatory bail of the petitioners is refused.
In case, the petitioners surrender and pray for regular bail in the court below, their prayer shall be considered without being prejudiced by the order of this court and the same shall not be rejected only because this court has not granted privilege of anticipatory bail to the petitioners.
(Rajeev Ranjan Prasad, J) Rajeev/- U T