Bhola Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30803 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== BHOLA SAHANI S/o Ram Chandra Sahani R/o Kubara, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Apprehending his arrest in connection with Harsidhi P.S. Case No.66 of 2019 registered for the offence under Sections 272, 273, 308, 420/34 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act, the petitioner has preferred this application for grant of anticipatory bail. As per the allegation in the F.I.R., on receiving secret information, the informant raided the place where it was alleged that the business of liquor was being done. It is alleged that both the accused persons managed to escape, of whom one was identified as the petitioner. It is further alleged that 16 litres of country made liquor and 20 litres of spirit was recovered. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.30803 of 2019(3) dt.24-07-2019 2/2 that the allegations as leveled in the F.I.R. are false and concocted as neither the alleged recovered wine nor the land from which it is said to have been recovered belonged to the petitioner. He has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration that the alleged recovery did not take place from the possession of the petitioner and he has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.D.J.,7th-cum-Special Judge Excise, East Champaran, Motihari, in Harsidhi P.S.Case No.66 of 2019 subject to the condition as laid down under Section 438(2) of Cr.P.C.

(Partha Sarthy, J) aks/- U