Vinod Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 19212 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- BAUSI District- Purnia ====================================================== Vinod Sahani, Son of Adhik Lal Sahani, Resident of Village-Makhatakiya Ward No.15, P.S-Naugachia, District-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Baisi P.S. Case No.215 of 2018 giving rise to Special Excise Case No.765 of 2018 for allegedly having committed the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the alleged recovery was not from the conscious possession of the petitioner, but from the vehicle belonging to the petitioner which was being driven by the Driver who has since absconded. Considering the fact that the alleged recovery was not from the conscious possession of the petitioner and also that the petitioner has got no criminal antecedents, let the petitioner,
Patna High Court CR. MISC. No. 19212 of 2019(4) dt.23-05-2019 2/2 above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-Cum-Special Judge, Excise, Purnea, in connection with Baisi P.S. Case No.215 of 2018 giving rise to Special Excise Case No.765 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T