Patna High CourtCR. MISC./13653/2024bail granted

Nitish Sahani @ Nitesh Kumar v. The State Of Bihar

2024-03-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13653 of 2024 Arising Out of PS. Case No.-1062 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Nitish Sahani @ Nitesh Kumar S/o Birendra Sahani R/o VillageChichurahiya, P.S.- Banjariya, District- East Champaran. 2.

Pankaj Sahani S/o Vijay Sahani R/o Village- Chichurahiya, P.S.- Banjariya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore, Adv.

For the State :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 25 liters of liquor near the field of Jawahar Sahni.

4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a place, which does not belong to the

Patna High Court CR. MISC. No.13653 of 2024(2) dt.06-03-2024 2/2 petitioners and they came to be implicated at the instance of Chaukidar with whom they are on an inimical term.

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

6. 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. 500/- (Rupees Five Hundred) each with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkauliya P.S. Case No. 1062 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Arish/- U T