Patna High CourtCR. MISC./35693/2019bail granted

Amarjit Sahani v. The State Of Bihar

2019-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35693 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== 1.

AMARJIT SAHANI S/o Ram Padarath Sahani R/o village- Indrawara, P.S.- Tajpur (Halai), District- Samastipur 2.

Dahaur Sahani @ Dahu Sahani S/o Harendra Sahani @ Lengar Sahani R/o village- Indrawara, P.S.- Tajpur (Halai), District- Samastipur 3.

Niraj Sahani S/o Jaleshwar Sahani R/o village- Indrawara, P.S.- Tajpur (Halai), District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 Petitioners seek bail in anticipation of their arrest in connection with Tajpur (Halai) P.S. Case No. 85 of 2019 registered for the offences punishable under Sections 30(a), 41(1) and 41(2) of Bihar Prohibition and Excise Act. Police on information that petitioners and other accused persons have brought huge quantity of liquor by a truck raided the place and seeing the police party accused persons fled away and liquor has been recovered.

Submission of learned counsel for the petitioners is that except the confidential information there is nothing against the petitioners as to who disclosed the identity of the petitioners though case diary has been received and other co-accused

Patna High Court CR. MISC. No.35693 of 2019(5) dt.26-09-2019 2/2 persons have been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 25.6.2019 passed in Cr.Misc.No.36702 of 2019 and vide order dated 14.8.2019 passed in Cr.Misc.No. 36169 of 2019.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners but could not point out from the case diary as to who disclosed the names of the petitioners. In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Samastipur, in connection with Tajpur (Halai) P.S. Case No. 85 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T