Rama Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25962 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

RAMA SAHNI S/O ASHARFI SAHNI R/O Village- Pandasarai, P.SLaheriasarai, Distt.- Darbhanga. 2.

Vikash Sahni S/O Asharfi Sahni R/O Village- Pandasarai, P.S- Laheriasarai, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 no criminal antecedent but petitioner No. 2 has antecedent of one case and allegation is of recovery of 34.200 liters of liquor from room of Rahul Sahni. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, and came to be

Patna High Court CR. MISC. No.25962 of 2023(2) dt.16-05-2023 2/2 implicated based on confessional statement of Rahul in police custody which does not have any evidentiary value, it is also submitted that the room also does not belong to the petitioner. 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 Laheriasarai P.S. Case No. 76 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T