Rudal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34358 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== 1.

RUDAL SAHNI Son of Late Tulsi Sahni Resident of Village - Damobriti, P.s.- Harsidhi, Distt.- East Champaran, Motihari. 2.

Nandu Sahni Son of Lalan Sahni Resident of Village - Damobriti, P.s.- Harsidhi, Distt.- East Champaran, Motihari.

3.

Shiv Sahni @ Shiv Sagar Sahni Son of Bother Sahni Resident of Village - Damobriti, P.s.- Harsidhi, Distt.- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Ranjana Srivastava, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a), 38(i) and 41(1) of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of country made liquor from a plastic jute.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that they have no concern with the seized liquor and no incriminating article has been recovered from the

Patna High Court CR. MISC. No.34358 of 2022(2) dt.16-09-2022 2/2 conscious possession of the petitioners and petitioners have not been apprehended at the spot. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Special Excise Court No.1, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 43 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T