Rajeshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39094 of 2022 Arising Out of PS. Case No.-238 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== RAJESHWAR SAHNI Son of Asharfi Sahni Resident of Village - Katai, P.S.- Katra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is a case of recovery of only four liters of country made liquor from a hut.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot. He further submits that meagre

Patna High Court CR. MISC. No.39094 of 2022(2) dt.23-09-2022 2/2 quantity of liquor has been recovered. Petitioner has clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Muzaffarpur in connection with Katra P.S. Case No. 238 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U