Khajanchi @ Khajanchi Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12359 of 2019 Arising Out of PS. Case No.-294 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

KHAJANCHI @ KHAJANCHI SAHNI Aged about 45 Yrs., Male, Son of Gorakh Sahni 2.

Chandan Sahni, Aged about 28 Yrs., Male, Son of Baldeo Sahni 3.

Sobha Devi, Aged about 42 Yrs., Female, Wife of Khajanchi @ Khajanchi Sahni 4.

Rita Devi, Aged about 35 Yrs., Female, Wife of Vinod Sahni All are resident of Village - Majhariya, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-02-2019 Learned counsel for the petitioners submits that petitioner No.1, Khajanchi @ Khajanchi Sahni has already been arrested. Accordingly, anticipatory bail petition of petitioner No.1 is dismissed as withdrawn.

Heard both sides.

The petitioner Nos.2 to 4 apprehend their arrest in Piprakothi P.S. Case No.294 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant named the petitioners and alleged that spy informed the informant that the petitioners were selling

Patna High Court CR. MISC. No.12359 of 2019(2) dt.28-02-2019 2/2 illicit liquor by the side of a river.

The learned counsel for the petitioners submits that the petitioners have no manner of concern with the recovery of 2 1⁄2 liters of country made liquor which was recovered by the side of a river. No offence under Section 30(a) of Bihar Prohibition and Excise Act is made out against the petitioners. Considering the aforesaid facts, let the petitioner Nos.2 to 4, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned VIIth Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in connection with Piprakothi P.S. Case No.294 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T