Anandi Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33590 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== 1.

ANANDI SAHNI S/o Sunar Sahni R/o village- Belwa Narkatiya, P.S.- Piprahi, Distt.- Sheohar 2.

Harendra Sahni S/o Bilas Sahni R/o village- Belwa Narkatiya, P.S.- Piprahi, Distt.- Sheohar ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a), 37 (b), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. 21.6 liters of Nepali liquor is said to have been recovered from the motorcycle and a person, namely, Niranjan Sahni was apprehended while two accused managed to escape. Apprehended accused named the petitioners as his fleeing accomplices.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. Petitioners have no concern either with the seized liquor or the motorcycle

Patna High Court CR. MISC. No.33590 of 2019(3) dt.07-08-2019 2/2 in question or any trade of liquor. There is nothing on record indicating their complicity in the occurrence barring the disclosure made by the apprehended accused due to animosity. They have no criminal antecedent.

Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Sheohar in connection with Piprahi P.S. Case No. 24 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) Trivedi/- U T