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Patna High CourtCR. MISC./9397/2020allowed

Lakhendra Sahni @ Lakhindra Sahni @ Lakhindra Sahani v. The State Of Bihar

2020-03-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9397 of 2020 Arising Out of PS. Case No.-503 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Lakhendra Sahni @ Lakhindra Sahni @ Lakhindra Sahani, aged about 60 years, Male, Son of Surendra Sahni, Resident of Village - Manpura, P.S.- Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahua P.S. Case No. 503 of 2019 registered for the offences punishable under Sections 414/467/120(B) of the Indian Penal Code and Sections 30(A)/32(ii)/34(ii)/38(ii)/41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2016. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 288.810 liters of foreign liquor has been recovered from the Alto Car. Learned counsel for the petitioner further submits that the said Alto Car does not belong to the petitioner. Learned counsel for the petitioner further submits that the petitioner has

Patna High Court CR. MISC. No.9397 of 2020(2) dt.02-03-2020 2/2 got no criminal antecedent and the petitioner is made accused only on suspension.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the condition that the petitioner is agreed to deposit Rs.25,000/- (twenty five thousand) in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release the petitioner on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Additonal Sessions Judge-II Cum Excise Court, Vaishali at Hajipur in connection with Mahua P.S. Case No.503 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T