Bhim Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29096 of 2023 Arising Out of PS. Case No.-185 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

BHIM SAHNI SON OF GANESH SAHANI R/O VILLAGEMAJHARIYA, P.S.- RAGHUNATHPUR, DISTRICT- EAST CHAMPARAN 2.

MANOJ SAHNI @ MANOJ KUMAR SAHNI SON OF GANESH SAHANI R/O VILLAGE- MAJHARIYA, P.S.- RAGHUNATHPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that petitioners have antecedent of one case, though inadvertently at para 3 of the anticipatory bail application it has been recorded that petitioners are persons with clean antecedent. Allegation is of recovery of 215 litres of liquor from a boat.

Patna High Court CR. MISC. No.29096 of 2023(2) dt.18-05-2023 2/2 Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is further submitted that petitioners are not the owner of the boat and the source of information based on which the petitioners came to be implicated is also not disclosed which creates doubt with regard to the veracity of the allegation as alleged in the FIR. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 in connection with Turkauliya (Banjariya) P.S. Case No. 185 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T