Bishnu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8974 of 2020 Arising Out of PS. Case No.-260 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== BISHNU SAHNI S/o Upendra Sahni Resident of Village- Ammadih, P.S.- Bahadurpur, Distt- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bahadurpur PS case no. 260 of 2019 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 5.880 liters of illicit liquor from possession of the co-accused person namely Sunil Kr. Chaudhary, who upon interrogation, disclosed that the petitioner is his accomplice.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that admittedly, the illicit liquor has been recovered

Patna High Court CR. MISC. No.8974 of 2020(2) dt.02-03-2020 2/2 from the possession of the co-accused person and not from the petitioner herein, hence the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted against the petitioner. Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner as also taking in account the fact that prima facie, no case is made out as against the petitioner herein under the provisions of the Bihar Prohibition and Excise Act, 2016, upon a bare perusal of the FIR, as far as consideration of the present petition is concerned, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Excise Act, DArbhanga in connection with Bahadurpur PS case no. 260 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.