Sunil Sahani @ Sunil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14111 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== SUNIL SAHANI @ SUNIL CHAUDHARY S/o Late Lalan Chaudhary Resident of Village- Hathiyahi, P.S.- Pipra Kothi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32800 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== DASHSAI CHOUDHARY @ DASAI SAHANI @ BHOLA SAHANI SON OF LATE GUNGA BHOLA @ GUNGA SAHANI @ BAGAD RESIDENT OF VILLAGE- HATHIYAHI, P.S.- PIPRA KOTHI, DISTRICT- EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 14111 of 2022) For the Petitioner/s :

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

Mr. Dilip Kumar No.1, APP (In CRIMINAL MISCELLANEOUS No. 32800 of 2022) For the Petitioner/s :

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

Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within

Patna High Court CR. MISC. No.14111 of 2022(2) dt.30-09-2022 2/3 stipulated period, office will place the matter before the Bench. Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 30(b) of the Bihar Prohibition and Excise Act, 2018.

Altogether 2000 litres of pass is said to have been recovered from the spot. The allegation against the petitioners is that after seeing police, they fled away from the spot. Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. Their name transpired in this case on the basis of secret information. Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. Petitioner Sunil Sahani has two criminal antecedent and petitioner Dashsai Choudhary has no criminal antecedent, as also mentioned in para-3 of the bail applications.

Learned APP for the State opposed the prayer for grant of anticipatory bail and submits that the petitioners are involved in the selling and purchasing of illicit liquor.

Patna High Court CR. MISC. No.14111 of 2022(2) dt.30-09-2022 3/3 Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T