Patna High CourtCR. MISC./21692/2020allowed

Vinod Sahni v. The State Of Bihar

2020-08-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21692 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== Vinod Sahni aged about 52 years (Male) Son of Devan Sahni @ Late Devan Sahni Resident of Village - Harsinghpur, P.S.- Bahera, District - Darbhanga ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party :

Mr.Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-08-2020 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 G.O. No. 95 of 2020 arising out of Bahera P.S. Case No. 30 of 2020, for offences under Sections 30(a), 30(iii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedents. In the instant case, 81 litres of Nepali liquor was seized from joint house of the petitioner.

Learned counsel appearing on behalf of the petitioner would submit that house is not exclusively in occupation of the petitioner and as such, nothing was seized from conscious and exclusive possession.

Patna High Court CR. MISC. No.21692 of 2020(2) dt.14-08-2020 2/2 Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall 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 2nd Additional Sessions Judge-cum-Special Judge, (Excise Act), Darbhanga in connection with G.O. No. 95 of 2020 arising out of Bahera P.S. Case No. 30 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T