Chhathu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24288 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- MAKER District- Saran ====================================================== 1.

Chhathu Sahani, Son of Nagina Sahani Resident Of Village- Murahi PsMaker, Dist- Saran 2.

Rajeshwar Sahani, Son Of Maharaj Sahani Resident Of Village- Murahi PsMaker, Dist- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Arbind Kumar Pandey(APP84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of two cases and petitioner no.2 is a person with clean antecedent and the allegation is of recovery of 200 litres of liquor from a bank of Gandak river. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is next submitted

Patna High Court CR. MISC. No.24288 of 2023(2) dt.22-05-2023 2/2 that even the alleged recovery is from a place which is accessible to public at large and they came to be implicated at the instance of Chaukidar with whom, petitioner no.1 is on an inimical term because of his antecedent and petitioner no.2 is his friend has been falsely implicated, when admittedly petitioner no.2 is a person with clean antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran, Chapra in connection with Maker P. S. Case No.270 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