Dinesh Sahni @ Dinesh Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30290 of 2019 Arising Out of PS. Case No.-110 Year-2016 Thana- BISHUNPUR District- Darbhanga ====================================================== Dinesh Sahni @ Dinesh Kumar Sahni Son of Rabindra Sahni, Resident of Village- Jagdishpur, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2019 Heard both sides.

The petitioner apprehends his arrest in Bishunpur P.S. Case No.110 of 2016 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police intercepted a pick-up van bearing registration no.BR07GA 1855 and recovered huge quantity of liquor from the vehicle. The driver and a person sitting in the vehicle were apprehended, who disclosed the name as Chandrakant Jha and Baidyanath Mahto. They also disclosed that the owner of the vehicle is Deepak Singh @ Dipu. Deepak Singh is friend of Dinesh Sahni, who is indulged in illegal trade of liquor.

Learned counsel for the petitioner submits that nothing has been recovered from conscious possession of the

Patna High Court CR. MISC. No.30290 of 2019(2) dt.09-05-2019 2/2 petitioner. The petitioner happens to be the friend of Deepak Singh. By no stretch of imagination it can be construed that the petitioner is indulged in illegal trade of liquor. Having considered the facts aforesaid and the fact that there appears no tangible material to show that the petitioner is involved in illegal trade of liquor, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 4th Additional Sessions Judge-cumSpecial Judge, Darbhanga in connection with Bishunpur P.S. Case No.110 of 2016 (G.O. Excise Case No.72 of 2016), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T