Deelip Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38679 of 2019 Arising Out of PS. Case No.-747 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Deelip Sahani Son of Late Laldhari Sahani Resident of Village- Mehwa, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Muffasil (Lakhaura) P.S. Case No. 747 of 2018, registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act, 2016.

18 litres of country made liquour is alleged to have recovered from a motorcycle on which two persons were sitting. Out of two persons, one person fled away after seeing the police party.

It is submitted on behalf of the petitioner that petitioner is not named in the F.I.R. Petitioner was also not

Patna High Court CR. MISC. No.38679 of 2019(4) dt.09-09-2019 2/2 apprehended on the spot. On the basis of confession made by the co-accused name of this petitioner figured in this case. Petitioner has no concern with the seized liquour. Petitioner has got no criminal antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six 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 the learned 7th Additional Sessions Judge-cumSpecial Judge, Excise, Motihari East Champaran in connection with Muffasil (Lakhaura) P.S. Case No. 747 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T