Sailesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17330 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- MAKER District- Saran ====================================================== 1.

SAILESH SAHNI S/O SRI NARAD SAHNI @ ASARFI SAHANI Resident of village- Baligaon, P.S.- Parsa, District- Saran, Bihar. 2.

Ashok Sahani SON OF SRI NARAD SAHNI @ ASARFI SAHANI Resident of village- Baligaon, P.S.- Parsa, District- Saran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjawal Bhushan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent and allegation is of recovery of 370 liters of liquor from a bush.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next

Patna High Court CR. MISC. No.17330 of 2023(2) dt.10-05-2023 2/2 submitted that alleged recovery is from a place which is accessible to public at large and they came to be implicated at the instance of local Chowkidar with whom they are on an inimical term.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maker P.S. Case No. 233 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T