Rambabu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28560 of 2022 Arising Out of PS. Case No.-325 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Rambabu Sahni, Son Of Yogal Sahni Resident Of Village- Sanathi, P.S.- Bochaha, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Raju Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272 and 273 of the I.P.C. and Sections 30(a) and 37(c) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 02 litre of liquor from the plastic box from the house of the petitioner.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the house is a joint family property, as such, it cannot be alleged that it was petitioner, who had kept the liquor in the house. It is also submitted that the petitioner came to be

Patna High Court CR. MISC. No.28560 of 2022(2) dt.12-08-2022 2/2 implicated based on secret information. It is thus submitted that if the house was the exclusive property of the petitioner, then someone in the village would have disclosed about the same, but the same is not the case in the present case. The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bochaha P. S. Case No.325 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T