Awadhesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17938 of 2023 Arising Out of PS. Case No.-546 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Awadhesh Sahani, Son Of Jaylal Sahani R/V- Mahamad Pur, Dumma, P.S.- Kesariya, District- East Champaran, Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Sections 30(a),(b),(c), 32(i) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 30 litres of liquor from the bank of Sanaula river along with 1500 litres of semi-prepared liquor which was destroyed at the spot.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the alleged recovery is also from a place, which is accessible to public at large and the petitioner came to be

Patna High Court CR. MISC. No.17938 of 2023(2) dt.10-05-2023 2/2 implicated based on disclosure made by the local people, but then the F.I.R. does not disclose the name of the local people which creates doubt with regard to the veracity of the allegation as alleged in the F.I.R. when petitioner, admittedly, is a person with clean antecedent.

Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court-2, East Champaran at Motihari in connection with Kesariya P. S. Case No.546 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T