Patna High CourtCR. MISC./25851/2020allowed

Santosh Sahni v. The State Of Bihar

2020-10-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25851 of 2020 Arising Out of PS. Case No.-317 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Santosh Sahni S/o Sri Jagdish Sahni Resident of Village- Madhopur Chikni, P.S.- Kurhani, District- Muzaffarpur 2.

Bharat Sah S/o Sri Rajendra Sah Resident of Village- Padmaul, P.S.- Kurhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-10-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Kurhani P.S. Case No. 317 of 2019 for the offence under section 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

In the instant case total 2869.920 liters of foreign liquor was seized from a truck.

Learned counsel for the petitioners submits that petitioners have no connection with the trade of liquor or the vehicle which was allegedly involved in carrying liquor.

Patna High Court CR. MISC. No.25851 of 2020(2) dt.14-10-2020 2/2 Considering the aforesaid, the Court is inclined to grant anticipatory bail to the petitioners subject to the condition that the petitioners shall deposit Rs. 1,00,000/- cash each in the court below and on depositing of Rs. 1,00,000/- the court below shall release the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of communication of this order on bail on furnishing bail bond of Rs. 1,00,000/- (One lac) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Kurhani P.S. Case No. 317 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C. The amount of Rs. 1,00,000/- each deposited by the petitioners shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) Ravi/- U T