Raghuvir Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38581 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== 1.

RAGHUVIR SAHANI Son of Dayali Sahani R/O Village - Narakatiya Belwa, P.S.- Piprahi, District - Sheohar.

2.

Dharmesh Sahani Son of Rajendra Sahani R/O Village - Narakatiya Belwa, P.S.- Piprahi, District - Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 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 offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of 418.5 litres of liquor from the sugarcane field of Sanjay Paswan.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next

Patna High Court CR. MISC. No.38581 of 2023(2) dt.26-06-2023 2/2 submitted that even the alleged recovery is from a place which does not belong to the petitioner and they came to be implicated at the instance of Chowkidar with whom they are on an inimical term 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. 5,000/- (Rupees Five 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 Piprahi P.S. Case No. 235 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T