Umesh Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24020 of 2017 Arising Out of PS.Case No. -282 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Umesh Sahani son of Satyanarayan Sahani

2. Laxman Sahani son of Sukhal Sahani Both residents of Village - Gorigawa, P.S. - Sugauli, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and counsel for the State.

In the present case, the petitioners are apprehending their arrest in connection with Sugauli P.S. Case No. 282 of 2016 for offence under Sections 30(a), 30(d) of the Bihar Prohibition and Excise Act.

The police have not recovered any liquor, only an iron pipe and one tin were recovered.

Learned counsel for the petitioners submits that no liquor was recovered from the conscious possession of the petitioners and, thus, question of their involvement does not arise. Looking to the entire facts and circumstances of the

Patna High Court Cr.Misc. No.24020 of 2017 (2) dt.01-07-2017 case, let the petitioners, namely, Umesh Sahani and Laxman Sahani, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 learned Chief Judicial Magistrate at Motihari, East Champaran in connection with Sugauli P.S. Case No. 282 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been cancelled. (Shivaji Pandey, J) Rishi/- U T