Nagendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32915 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- MORO District- Darbhanga ====================================================== 1.

NAGENDRA SAHNI Son of Late Dinesh Sahni Resident of village - Mahammadpur, P.S.- Moro, District - Darbhanga 2.

Babita Devi Wife of Nagendra Sahni Resident of village - Mahammadpur, P.S.- Moro, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 2 is a woman.

Allegation is of recovery of 4 litres of liquor near the house of the petitioners.

Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is further

Patna High Court CR. MISC. No.32915 of 2023(2) dt.25-05-2023 2/2 submitted that petitioners came to be implicated by the Chawkidar only for the reason that the recovery was made from a place which was near to their house when admittedly petitioners are persons with clean antecedent. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Moro P.S. Case No. 16 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T