Chanda Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50390 of 2017 Arising Out of PS. Case No.-282 Year-2016 Thana- SUGAULI District- East Champaran ======================================================
1. Chanda Sahani , son of Kuja Sahani
2. Rajeshwar Sahani, son of Sukhal Sahani both residents of village- Gorigawa, P.S. -Sugauli, District -East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Smt. Rashmi Jha For the Opposite Party/s :
Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-10-2017 Heard Smt. Rashmi Jha, learned counsel for the petitioners and Sri Gauri Shankar Gupta, learned Additional Public Prosecutor. Two petitioners, apprehending their arrest in Sugauli P.S. Case No. 282 of 2016 registered for the offence under section 30(a ), 30 (d) of the Bihar Prohibition and Excise Act , 2016 have prayed for grant of bail in the event of their arrest or surrender. At the very outset , learned counsel for the petitioners has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioners are having clean antecedent. Besides this, by way of referring to seizure list i.e. part of the F.I.R. at page no. 10 it has been argued that seizure list does not indicate recovery of liquor, however in the F.I.R. it was shown as if from the place of occurrence about 200 liters of liquor was shown recovered and it was shown destroyed also. It has also been argued that it is a peculiar
Patna High Court Cr.Misc. No.50390 of 2017(2) dt.18-10-2017 2/2 case in which the police in the F.I.R. is mentioning that it has got specific information that petitioners and others, who were named in the F.I.R. were indulged in preparing liquor even then, after search no one was apprehended and from the place of occurrence save and except drums, iron pipes etc. nothing was recovered, which is evident from the seizure list.
Considering the facts and circumstances and clean antecedent of both the petitioners , in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners Chanda Sahani and Rajeshwar Sahani be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise at Motihari, East Champaran / concerned court in connection with Sugauli P.S. Case No. 282 of 2016 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .
(Rakesh Kumar, J) praful/- U T