Amod Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16479 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- PURNAHYA District- Sheohar ====================================================== AMOD SAHNI S/o Upendra Sahni R/o village- Narkatiya Belwa, P.S.- Piprahi, District- Sheohar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jagdish Prasad Bhagat, Advocate For the Opposite Party/s :

Mr.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Purnahia P.S. Case No. 7 of 2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the name of the petitioner has been brought in this case only on the basis of secret information and except that there is no material to show that the informant or any other person has seen the petitioner carrying liquor on the boat. It is submitted that the petitioner has no criminal antecedent.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.16479 of 2020(2) dt.12-06-2020 2/3 Considering the facts and circumstances of the case wherein it appears from the first information report that neither the informant nor the Officer-Incharge of Purnahia Police Station claim to have seen the petitioner on the boat allegedly carrying illicit liquor and the name of the petitioner has been brought in this case on so-called secret information as also that the petitioner has no criminal antecedent, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Purnahia P.S. Case No. 7 of 2020 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - cum Special Judge Ist Excise, Sheohar, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

Patna High Court CR. MISC. No.16479 of 2020(2) dt.12-06-2020 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.

(Rajeev Ranjan Prasad, J) avin/-rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.