Satendra Sahani @ Satyendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41340 of 2024 Arising Out of PS. Case No.-204 Year-2022 Thana- MANJHI District- Saran ====================================================== Satendra Sahani @ Satyendra Sahani Son of Awadhesh Sahani, Resident of Village - Fulwariya, P.S. - Manjhi, District - Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Manjhi P.S. Case No.204 of 2022 instituted under Section 30 & 30 (a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is total recovery of 71.100 litre gold Green Whisky and Radico 8PM Special Rare Blend of Scotch and 2.700 litre English wine from a boat at Jaichapra Ghat.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that there is no recovery from the house or the possession of petitioner. Learned counsel submits that provision of Section 100 Cr.P.C. has not been complied in

Patna High Court CR. MISC. No.41340 of 2024(2) dt.03-07-2024 2/2 preparing the seizure list. He further submits that there is no material found against the petitioner but on mere suspicion he had been made accused. Learned counsel for the petitioner submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No.204 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T