Munna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10769 of 2017 Arising Out of PS.Case No. -126 Year- 2016 Thana -DUMRIAGHAT District- EAST CHAMPARAN (MOTIHARI) ====================================================== Munna Sahani, son of Prabhu Sahani, resident of Village- Amwa Tola, Visharmpur Dubauli, P.S.- Dumariaghat, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Chaubey Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dumariaghat P.S. Case No. 126 of 2016 instituted for the offence under Sections 272, 273, 290 of the Indian Penal Code, Sections 30(a), 34(b), 37(a), (b), (c) and (d) of Bihar Prohibition and Excise Act, 2016.

As per the written report two persons were found in intoxicated condition after taking toddy and both of them were arrested by the police. It is alleged that 20 liters of toddy from the side of soling road in village Dubauli Bandh was recovered. It is further alleged in the written report that the petitioner was indulging in sale and purchase of toddy.

As per seizure list, there is no recovery of toddy either

Patna High Court Cr.Misc. No.10769 of 2017 (2) dt.18-03-2017 2/2 from the conscious possession of the petitioner or from the premises of the petitioner. It is mentioned in paragraph-3 of the bail petition that the petitioner has clean antecedent. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dumariaghat P.S. Case No. 126 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T