Sheshnath Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14773 of 2019 Arising Out of PS. Case No.-376 Year-2018 Thana- BAGHA District- West Champaran ====================================================== 1.

SHESHNATH SAHANI, Son of Jawahir Sahani Resident of Village - Kailash Nagar, P.S.- Bagaha Patkhauli, District- West Champaran 2.

Manoj Sahani, Son of Jawahir Sahani Resident of Village - Kailash Nagar, P.S.- Bagaha Patkhauli, District- West Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Bagaha (Patkhauli) P.S. Case No. 376 of 2018, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 264 litres of liquor from the bushes near the railway line and petitioners are named in the FIR.

Submission of learned counsel for the petitioners is that nothing has been recovered either from their conscious possession or from their house and that has been recovered from open place and petitioners have falsely been implicated and they have no criminal antecedent.

Patna High Court CR. MISC. No.14773 of 2019(3) dt.01-05-2019 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, West Champaran, Bettiah, in connection with Bagaha (Patkhauli) P.S.Case No. 376 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T