Kishore Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47464 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== 1.

KISHORE SAHANI Son of Shiva Sahani 2.

Dilip Sahani Son of Kishore Sahani Both are Resident of Village - Chaturi Punas, P.S.- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok,Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) & 30(C) of Bihar Prohibition and Excise Act.

Recovery of liquor is alleged from a Hut in the field side. It is said that the said Hut is of the petitioners. Submission is that the place of recovery is accessible by anyone. Petitioners have got no criminal antecedent. Considering lack of material against the petitioner, let the petitioners, above named, in the event of their arrest or

Patna High Court CR. MISC. No.47464 of 2021(2) dt.21-12-2021 2/2 surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No.37 of 2021 P.R.No.26 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Nitesh/- U T