Gandhi Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33392 of 2020 Arising Out of PS. Case No.-114 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Gandhi Sahani, Son of Ramchandar Sahani, Resident of Village - Batraliya, P.S.- Muffasil, Distt.- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar, Advocate.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 114 of 2020, registered under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016.

The accusation is that in course of patrolling duty, informant and other police personnel saw that a person was surrounded by about 200 persons and from whose possession,

Patna High Court CR. MISC. No.33392 of 2020(2) dt.12-03-2021 2/2 13 bottles each containing 500 ml Indian made foreign liquor were recovered. On query, that person disclosed his name Prakash Sahni and the persons present there also disclosed that Gandhi Sahni (petitioner) was also caught hold but he succeeded to flee away.

Learned counsel for the petitioner submits that due to dirty village politics, petitioner has falsely been implicated in the present case. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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-cum-Special Judge Excise, East Champaran, Motihari, in connection with Muffasil P.S. Case No. 114 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T