Suvesh Kumar Sahani@ Suvesh Sahni @ Suvedh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19395 of 2024 Arising Out of PS. Case No.-226 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Suvesh Kumar Sahani@ Suvesh Sahni @ Suvedh Sahni S/O Vishwanath Sahni R/O Village- Akauna, P.S- Chakmehsi, Distt.- Samastipur. ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr. Parmod Ban Bihari Singh, Adv For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Chakmehsi P.S Case No.226 of 2023 instituted under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, total 1.5 litres of liquor was recovered from the Scooty.

4. Learned counsel for the petitioner submits that petitioner is innocent has falsely been implicated in this case. The name of the petitioner was disclosed by local people. The petitioner was neither arrested on the spot nor he is the owner of the Scooty. Nothing incriminating article

Patna High Court CR. MISC. No.19395 of 2024(2) dt.27-03-2024 2/2 has been recovered from conscious possession of the petitioner. The vehicle was not being driven by the petitioner at the time of alleged recovery. No case is made out against the petitioner. The petitioner has got two criminal antecedents mentioned in para-3 of the petition.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Samastipur/ concerned court in connection with Chakmehsi P.S. Case No. 226 of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Chandra Prakash Singh, J) N.K/- U T