Bhikhar Sahni @ Bhikhari Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11689 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- PIPRAHI District- Sheohar ====================================================== Bhikhar Sahni @ Bhikhari Sahani Son of Devki Sahani Resident of VillageBelwa Narkatiya, P.S.- Piprahi, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Piprahi P.S. Case no. 10 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, it is stated that on the police personnel stopping the motorcycle of the accused persons, one of the accused Ratnesh Sahni was caught with about 88.200 litres of nepali liquor while the petitioner managed to escape.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner was not amongst the occupants on the motorcycle nor was he carrying any of the seized liquor. It is

Patna High Court CR. MISC. No.11689 of 2020(2) dt.10-06-2020 2/2 further submitted that the petitioner has no criminal antecedent. The application for bail is opposed by learned Additional PP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent nor was he arrested at the spot, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Piprahi P.S. Case no. 10 of 2020 will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge -cum-Special Judge, Excise, Sheohar subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash/- U