Bigu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34920 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- PURNAHYA District- Sheohar ====================================================== 1.

BIGU SAHNI S/o Shivdayal Sahni 2.

Pappu Sahni S/o Rudal Sahni Both are R/o Village - Narkatiya (Belwa), P.S.- Piparahi, DistrictSheohar. ... ... 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. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(c) and 30(d) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. Allegation is of recovery of 1875 litre of semi prepared liquor from the bank of Bagmati River. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.34920 of 2022(2) dt.22-08-2022 2/2 recovered from their conscious possession. It is next submitted that the alleged recovery is from a place which is accessible to public at large and petitioners came to be implicated by the local Chawkidar with a view to save the real culprits when they are persons with clean antecedent.

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.1,000/- (Rupees One 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 Purnahiya P.S. Case No. 10 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T