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Patna High CourtCR. MISC./34578/2024allowed

Surendra Sahni @ Sahibdra Sahni @ Sahindra Sahni v. The State Of Bihar

2024-05-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34578 of 2024 Arising Out of PS. Case No.-627 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Surendra Sahni @ Sahibdra Sahni @ Sahindra Sahni Son of Asharfi Sahni Resident of Village- Dharpur (Dhirpur), P.S.- Minapur, Dist.- Muzaffarpur 2.

Subhasg Sahni @ Subhash Kumar @ Subhash Sahni Son of Deva Sahni Mentioned in the FIR as Sahindra Sahni ka Sala Subhash Sahni), Resident of Village- Karanpur South, P.S.- Bochahan, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Minapur P.S. Case no. 627 of 2019 instituted for the offence under Sections 272, 273 of the Indian Penal Code and sections 30(a), 33(2), 41(2) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is of illegally manufacturing of liquor. The police reached at place of occurrence and seized 50 liters of raw spirit and other manufacturing articles.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.34578 of 2024(2) dt.16-05-2024 2/2 petitioners has submitted that petitioners are innocent and have committed no offence. No any incriminating article has been recovered from conscious possession of the petitioners. Their name came into light on the basis of disclosure made by local chaukidar. The petitioners have no concern with the alleged recovery of liquor.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Minapur P.S. Case no. 627 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Amandeep/- U T