Jiyalal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25814 of 2020 Arising Out of PS. Case No.-128 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== JIYALAL SAHNI, Son of Late Dineshwar Sahni, Resident of Village - Hirapur, P.S. - Paroo, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30 and 30(a) of the Bihar Prohibition and Excise Act, 2018. Submission is that recovery of foreign liquor is alleged from the field. Neither the field nor the liquor belongs to the petitioner. Petitioner was not there at the time of recovery. Considering the fact that only material against the petitioner is suspicion as well as considering the fact that the petitioner has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date

Patna High Court CR. MISC. No.25814 of 2020(3) dt.14-12-2020 2/2 of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Paroo Police Station Case No. 128 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T