Patna High CourtCR. MISC./15503/2023bail granted

Mishrilal Sahani v. The State Of Bihar

2023-05-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15503 of 2023 Arising Out of PS. Case No.-492 Year-2022 Thana- KESARIA District- East Champaran ====================================================== 1.

MISHRILAL SAHANI SON OF LATE NAWAB SAHANI R/O VILL.- BANPARUWA, P.S.- DUMARIYAGHAT, DISTT.- EAST CHAMPARAN 2.

SUNIL SAHANI SON OF CHANDRIKA SAHANI R/O VILL.- BANPARUWA, P.S.- DUMARIYAGHAT, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Binod Kumar No. 3.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273, 341, 323, 307, 279, 332, 353 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners have antecedent of two cases and allegation is of recovery of 50 liters of liquor from two motorcycles i.e., 25 liters each from each motorcycle.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.15503 of 2023(2) dt.03-05-2023 2/2 was recovered from their conscious possession and his name transpired in the confessional statement of accused Lakhindra Rai which has no evidentiary value.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kesariya P.S. Case No. 492 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T