Bachchan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27109 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

BACHCHAN SAHNI S/O- RAM CHANDAR SAHNI Village- Jhakhiya Ps- Banjariya Dist- E. Champaran 2.

Umesh Sahni son of Dhruv Sahni Village- Jhakhiya Ps- Banjariya Dist- E. Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== 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 Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 32, 34, 36 and 41(1), 44 and 45 of the Bihar Excise Act. Learned counsel for the petitioners submits that the petitioners have antecedents of four cases and allegation is of recovery of 290 liters of liquor from a Bhatti near bank of a river.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.27109 of 2023(2) dt.16-05-2023 2/2 was recovered from their conscious possession, it is next submitted that even the alleged recovery is from a place which is not accessible to public at large, it is further submitted that he came to be implicated on the confessional statement of Chowkidar based on their antecedents, it is also submitted that petitioners are not the owner of the Bhatti which was also found and destroyed. 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. 20,000/- (Rupees Twenty 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 Turkauliya P.S. Case No. 62 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T