Mahangu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25626 of 2022 Arising Out of PS. Case No.-53 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
MAHANGU SAHANI Son of Late Dhuri Sahani Resident of Village - Naika Tola Chenwariya Ward no.16 (Lal Saraiya), P.s.- Majhauliya, Distt.- West Champaran.
2.
Jawahar Sahani Son of Late Raja Sahani @ Baidnath Sahani Resident of Village - Naika Tola Chenwariya Ward no.16 (Lal Saraiya), P.s.- Majhauliya, Distt.- West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv For the Opposite Party/s :
Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard the parties.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 30(A)(d) of the Bihar Prohibition and Excise Act, 2016.
Altogether 1 liter of foreign liquor is said to have been recovered near the house of the petitioner no.2. The allegation against the accused persons is that after seeing police, they fled away from the spot.
Patna High Court CR. MISC. No.25626 of 2022(2) dt.31-08-2022 2/3 Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence as alleged in the FIR. They have been falsely implicated in this case due to ulterior motive. Their name transpired in the case because of suspicion. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. Petitioners have no criminal antecedent, as also mentioned in para-3 of this application.
Petitioners are agreed to deposit a sum of Rs.5,000.00/- (Rupees Five Thousand) each in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna.
Considering the aforesaid facts and circumstances, let the petitioners named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court,
Patna High Court CR. MISC. No.25626 of 2022(2) dt.31-08-2022 3/3 in connection with Majhauliya P.S. Case No.53 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:
(1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) each in the Juvenile Justice Fund. (Anjani Kumar Sharan, J) shikha/- U T