Vinay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34312 of 2019 Arising Out of PS. Case No.-143 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Vinay Sahani, aged about 26 years (M), Son of Suresh Sahani Resident of Village - Ajgarwa, P.S.- Lakhaura, District - Eest Champaran. 2.

Mukhdev Sahani, aged about 29 years (M), Son of Ramnath Sahani Resident of Village - Ajgarwa, P.S.- Lakhaura, District - Eest Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party :

Mr.Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Amendment Act, 2016.

There is allegation of recovery of 62 liters of country made liquor from two motorcycles. Name of the petitioners have been taken in confessional statement of co-accused Pannalal Sahani, who was apprehended on the spot. Learned counsel for the petitioners submits that the petitioners are not concerned with the seized liquor and they have no criminal antecedent. Nothing has been recovered from

Patna High Court CR. MISC. No.34312 of 2019(2) dt.27-05-2019 2/2 conscious possession of the petitioners.

Considering the facts of the case, let both the petitioners, above named, in the event of their arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge IX cum Special Judge, Excise, Motihari, East Champaran in Muffasil (Lakhaura) P.S. Case No. 143 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners.

(Prabhat Kumar Singh, J) shashi/- U T