Vinod Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32270 of 2023 Arising Out of PS. Case No.-402 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== 1.

VINOD SAHNI SON OF PARIKSHAN SAHNI Resident of VillageChaklalshahi Tola Saidan, Police Station-Tajpur, District-Samastipur 2.

KANHAIYA SAHNI @ SIKANDAR KUMAR SON OF PAPPU SAHNI Resident of Village- Chaklalshahi Tola Saidan, Police Station-Tajpur, District-Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273, 34 of Indian Penal Code and Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that petitioner No. 1 has antecedent of one case and petitioner No. 2 is a person with clean antecedent and allegation is of recovery of 10 liters of liquor from field of Lal Babu Ray near Noon river and 3 liters of bamboo champ of Parikshan.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.32270 of 2023(2) dt.24-05-2023 2/2 petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted even alleged recovery is from a place which does not belong to the petitioner and they came to be implicated based on secret information which is the easiest way to implicate someone.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tajpur (Halai O.P.) P.S. Case No. 402 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T