Bablu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25090 of 2021 Arising Out of PS. Case No.-704 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Bablu Sahni, S/O- Kishori Sahni, Resident of Mohalla- Ambedkar Colony (Sikandarpur), P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Town (Sikandarpur O.P.) P.S. Case no. 704 of 2020 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2020.

Patna High Court CR. MISC. No.25090 of 2021(2) dt.19-01-2022 2/3 As per allegation in the FIR, acting on a tip off, police reached at the place of occurrence and recovery of 64 litres country made liquor has been made and petitioner managed to escape. Local villagers have disclosed the name of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The name of the petitioner has been disclosed in this case by the co-villagers before the police, which has got no evidentiary value in the eye of law. The alleged recovery has been made from an open area. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Town (Sikandarpur O.P.) P.S. Case no. 704 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise

Patna High Court CR. MISC. No.25090 of 2021(2) dt.19-01-2022 3/3 Act, Muzaffarpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U