Pramod Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12003 of 2022 Arising Out of PS. Case No.-233 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== PRAMOD SAHNI SON OF LATE RAJENDRA SAHNI R/O VILLAGEBANIYA HASSANPUR, WARD NO.14, P.S.- TARIYA, DISTRICT- SARAN AT CHAPARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Amitesh Kumarm, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 520.50 litres of liquor from a field which was recovered after digging earth.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, nor the field belongs to the petitioner rather it is a place which is accessible

Patna High Court CR. MISC. No.12003 of 2022(2) dt.15-07-2022 2/2 to public at large, as such it cannot be alleged that it was the petitioner who had concealed the liquor under the earth. It is further submitted that the petitioner came to be falsely implicated based on an inquiry carried behind his back. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Case No. 233 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T