Chandeshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22984 of 2020 Arising Out of PS. Case No.-186 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== CHANDESHWAR SAHNI S/o Musafir Sahani Resident of VillageSaghanpura, P.S.-Kathaiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2020 Heard Mr. Raju Kumar, learned counsel for the petitioner and Mr. Pranav Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner apprehends arrest in connection with Kathaiya P.S. Case No. 186 of 2019 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story in brief is that the Police got secret information that some persons have brought the consignment of liquor and have kept it in the bush, proceeded towards the place of occurrence and upon seeing the Police party some persons fled away. On search, the police recovered a total quantity of 117 litres of illicit foreign liquor from the bush.

Patna High Court CR. MISC. No.22984 of 2020(2) dt.25-09-2020 2/3 Thereafter, the Police came to know that Ram Narayan Singh who is dealing with the liquor has kept that liquor and the petitioner and other accused persons are his associates. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of disclosure made by the co-villagers. Learned counsel further submits that the petitioner has got no criminal antecedent and no illicit liquor has been recovered from his possession or from the premises belonging to him.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from conscious possession of the petitioner or the premises belonging to him, I am inclined to grant anticipatory bail to the petitioner. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Kathaiya P.S. Case No. 186 of 2019 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.22984 of 2020(2) dt.25-09-2020 3/3 It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T