Sipahi Sahni @ Devendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36614 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== SIPAHI SAHNI @ DEVENDRA SAHNI SON OF CHANDESHWAR SAHANI RESIDENT OF VILLAGE- GORIGAWA PS- SUGAULI, DISTTEAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a)(b)(c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 10 liters of liquor from the room of Chutul Sahni, further 10 liters of liquor from the house of the petitioner and 600 liters of mahua solution from a place near the bank of a river.

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

Patna High Court CR. MISC. No.36614 of 2023(2) dt.22-06-2023 2/2 submitted that even the house is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house, it is further submitted that petitioner because of his antecedents came to be implicated in the present case at the instance of Chokidar with whom he is on an inimical term.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sugauli P.S. Case No. 106 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T