Binod Sahani @ Vinod Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21577 of 2020 Arising Out of PS. Case No.-132 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== BINOD SAHANI @ VINOD SAHNI Son of Bharat Sahni Resident of Village - Kafain Latif, P.S.- Bochahan, P.O.- Kafen, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Uma Nath Mishra, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-08-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Bochahan P.S. Case No. 132 of 2019 for offences under Sections 272, 273,34 IPC and 30(a), 32(ii), 38(ii) of the Bihar Prohibition and Excise Act, 2016. In the instant case total 1171 liters of liquor was seized from a pickup van.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Nothing was recovered from the conscious possession of the petitioner or from the house of the petitioner.

Considering the fact that the petitioner has no

Patna High Court CR. MISC. No.21577 of 2020(2) dt.07-08-2020 2/2 criminal antecedent and recovery was not made from the exclusive or conscious possession of the petitioner, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, above-named, in the event of arrest or surrender within six weeks from today, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise), Muzaffarpur in connection with Bochahan P.S. Case No. 132 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.50,000/- (Rupees fifty thousand) cash shall abide by the final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) spandey/- U