Vipin Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29898 of 2020 Arising Out of PS. Case No.-641 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== VIPIN SAHANI Son of Shambhu Sahani Resident of Village - Majhariya Ward no. 1, P.S.- Raghunathpur O.P., District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Excise Case No. 641 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

The case, as per the prosecution Report, is that the Excise Officials, on secret information, raided the village of the petitioner and seeing the Excise Officials, the petitioner fled away and upon search, 254 litres of illicit liquor has been recovered from the Water Hyacinth.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.29898 of 2020(2) dt.18-12-2020 2/3 and he has got no criminal antecedent. He further submits that illicit liquor has not been recovered from the conscious possession and/or the premises belonging to him and the same has been recovered from Water Hyacinth.

After having heard learned Counsel for the parties concerned and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and/or the premises belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge -cum- Special Judge, East Champaran, at Motihari, in connection with Excise Case No. 641 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social

Patna High Court CR. MISC. No.29898 of 2020(2) dt.18-12-2020 3/3 distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √