Patna High CourtCR. MISC./11968/2020allowed

Nilesh Sahani @ Nilesh Kumar v. The State Of Bihar

2020-03-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11968 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sheohar ====================================================== 1.

NILESH SAHANI @ NILESH KUMAR Son of Bilas Sahani Resident of Village- Belwa Narkatiya, P.S.- Piprahi, District- Sheohar. 2.

Gajendra Sahani Son of Baran Sahani Resident of Village- Belwa Narkatiya, P.S.- Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mrs.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with case no. C 2- 103 of 2019 for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. In the instant case total 675 litres of country made liquor was seized.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. He further submits that nothing was recovered from the possession of the petitioners, but the liquor was seized from the Belwa Diyara of Bagmati river.

Patna High Court CR. MISC. No.11968 of 2020(2) dt.05-03-2020 2/2 Considering the fact that the petitioners have got no criminal antecedent and the liquor was seized from the Belwa Diyara of Bagmati river, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum- Special Judge, Excise Act, Sheohar in connection with case no. C 2- 103 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In the event, the petitioners are found involved in similar case in future, the court below shall be at liberty to cancel their bail bonds in the instant case.

(Anil Kumar Upadhyay, J) uday/- U T