Sipahi Sahni @ Devendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36603 of 2023 Arising Out of PS. Case No.-91 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== SIPAHI SAHNI @ DEVENDRA SAHNI S/O CHANDESHWAR SAHANI R/O Vill. Gorigawa PS. Sugauli Dist. East 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 20 liters of liquor from a bush near Shiv temple, further 4999 liters of mahua solution was destroyed at the spot. 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 submitted that even the alleged recovery is from a place which does not belong to the petitioner and is accessible to public at
Patna High Court CR. MISC. No.36603 of 2023(2) dt.22-06-2023 2/2 large and the petitioner because of his antecedents came to be implicated by the Chowkidar 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sugauli P.S. Case No. 91 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T