Patna High CourtCR. MISC./37215/2024bail granted

Angad Sahni @ Bhuar Sahni v. The State Of Bihar

2024-06-26Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37215 of 2024 Arising Out of PS. Case No.-201 Year-2020 Thana- Excise P.S. District- East Champaran ====================================================== Angad Sahni @ Bhuar Sahni, aged about 40 years(M), son of Shivlal Sahni, Resident of Village - Majhariya, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Abhishek Kumar, learned counsel appearing on behalf of the petitioner and Mr. Awadhesh Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Excise Case No. 201 of 2020 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Altogether 35 litres of country made liquor along with 3600 Kg. of illicit raw material for use of manufacturing of liquor were recovered from near the bank of river.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.37215 of 2024(2) dt.26-06-2024 2/3 petitioner submits that the petitioner is innocent and he has falsely been implicated in the case. Petitioner has no concern either with the seized liquor or the illicit raw material for use of manufacturing of liquor. Petitioner is not involved either in trade of illicit liquor or in the manufacturing of illicit liquor. The place of recovery is an open place which is accessible to anyone. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently has opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 Court No.-2, Motihari, East Champaran, in connection with Excise Case No. 201 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this

Patna High Court CR. MISC. No.37215 of 2024(2) dt.26-06-2024 3/3 order will lose its force automatically.

(Purnendu Singh, J) Niraj/- U T