Ramod Sahani @ Ramod Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27427 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== RAMOD SAHANI @ RAMOD SAHNI S/O SATAN SAHANI R/O VillageJhakhiya, P.S- Banjariya, Distt.- 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. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 32, 34, 36, 41(i), 44 and 45 of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 290 litres of liquor from Jhakiya Chhat Ghat along with 8000 litres of semi prepared liquor which was destroyed at the spot.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that even the alleged recovery is from a place which is

Patna High Court CR. MISC. No.27427 of 2023(2) dt.17-05-2023 2/2 accessible to public at large and does not belong to the petitioner and it appears that the Chawkidar in order to save the real culprits falsely implicated the petitioner when admittedly he is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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.1,000/- (Rupees One Thousand) 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. 62 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T