Mahanth Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26951 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- PAKRIDAYAL District- East Champaran ====================================================== MAHANTH SAHNI Son of Late Makhan Sahni Resident of Village - Koral Bairiya Ghat, P.S.- Pakari Dayal, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 This application, for grant of anticipatory bail, arises out of Pakari Dayal P.S. Case No. 23 of 2019, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30, 34 and 38 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of six litres of liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been made accused in this case and the recovery has been shown from the house of the petitioner, however, the said house is a joint house and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in

Patna High Court CR. MISC. No.26951 of 2019(2) dt.24-04-2019 2/2 the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- VII-cum-Special Judge, Excise, East Champaran, Motihari, in connection with Pakari Dayal P.S. Case No. 23 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T