Upendra Sahni @ Upendra Sahnee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20398 of 2019 Arising Out of PS. Case No.-541 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== 1.

Upendra Sahni @ Upendra Sahnee Son of Late Sarjug Sahni Resident of Village- Parsauni Tola, P.S.- Pupari, District- Sitamarhi. 2.

Bhuban Mahto @ Jainath Mahto @ Jainal Mahto Son of Ram Nandan Mahto Resident of Village- Parsauni Tola, P.S.- Pupari, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 This is an application for grant of anticipatory bail in connection with Pupri P.S. Case No. 541 of 2018, disclosing offences under Sections 272, 273, 290 of the Indian Penal Code and Sections 30(a), 37(b) (c), 38, 41 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 48 liters of Nepali Saufi liquor from a cane field and one person was arrested, who disclosed the name of the petitioners.

Submission of learned counsel for the petitioners is that nothing has been recovered from their conscious possession and they have no criminal antecedents. Further submission is that other co-accused persons have been granted privilege of

Patna High Court CR. MISC. No.20398 of 2019(2) dt.07-05-2019 2/2 anticipatory bail by a Coordinate Bench of this Court vide order dated 26.02.2019 passed in Cr. Misc. No. 11352 of 2019. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II cum Special Judge, Excise Act, Sitamarhi, in connection with Pupri P.S. Case No. 541 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T