Ravi Sahni @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29441 of 2020 Arising Out of PS. Case No.-692 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== RAVI SAHNI @ RAVI KUMAR Son of Ram Jatan Sahni Resident of Village- Bhatauliya, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudal Singh, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-12-2020 Heard Mr. Rudal Singh, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner apprehends his arrest in connection with Saraiya PS Case No. 692/2019 registered for the offence punishable under Sections 272, 273/120(B)/34 of the IPC and Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation, as per FIR, is that the police on getting secret information that a huge quantity of liquor has been stored in the house of one Rakesh Thakur, proceeded towards the place of occurrence and recovered total quantity of 2738.575 litres of illicit foreign liquor from the said house of Rakesh Thakur. It has further been alleged that upon seeing the raiding party, accused persons including the petitioner fled away from the place of occurrence, however, they were identified by

Patna High Court CR. MISC. No.29441 of 2020(2) dt.15-12-2020 2/3 the local Dafadar.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of disclosure of his name by local Dafadar. Learned counsel further submits that no liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him. It is next submitted that one similarly situated co-accused, namely, Rudal Thakur has been granted anticipatory bail by one of the Co-ordinate Benches of this Court vide Cr. Misc. No. 7701/2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him and similarly situated co-accused person has been granted anticipatory bail by one of the Co-ordinate Benches of this Court, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, petitioner, RAVI SAHNI @ RAVI KUMAR shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise

Patna High Court CR. MISC. No.29441 of 2020(2) dt.15-12-2020 3/3 Act, Muzaffarpur in connection with Saraiya PS Case No. 692/2019, subject to the conditions as laid down under Section 438(2) CrPC.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T