Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40703 of 2022 Arising Out of PS. Case No.-350 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Suresh Sahni Son of Late Rambriksh Sahni Resident of Village - Panapur Gosaitola, P.s.- Minapur, OP - Panapur, Distt.- Muzaffarpur. 2.

Kavita Kumari @ Kavita Devi W/o Dinesh Sahni Resident of Village - Panapur Gosaitola, P.s.- Minapur, OP - Panapur, Distt.- Muzaffarpur. 3.

Munni Devi W/o Suresh Sahni Resident of Village - Panapur Gosaitola, P.s.- Minapur, OP - Panapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the bail petition of petitioner no.1. Permission is accorded.

Accordingly, the bail petition of petitioner no.1 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 2 and 3 and learned APP for the State.

The petitioner nos. 2 and 3 are apprehending their 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, 2018.

Patna High Court CR. MISC. No.40703 of 2022(2) dt.01-11-2022 2/3 It is a case of recovery of illicit liquor from the joint house of petitioner no.1.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that petitioners no.2 and 3 are the wives of main co-accused Suresh Sahani and Dinesh Sahani respectively, due to which, they have been implicated in this case. He further submits that it is not proper that for the same offence, several persons may be implicated as well as the petitioners have not been apprehended at the spot. Petitioner nos.2 and 3 have clean antecedent.

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

Considering the aforesaid submissions as well as petitioner nos.2 and 3 being ladies, let the petitioners, namely, Kavita Kumari @ Kavita Devi and Munni Devi in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court No.1, Muzaffarpur in connection with Minapur P.S. Case No. 350 of 2021, subject to

Patna High Court CR. MISC. No.40703 of 2022(2) dt.01-11-2022 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C. However, petitioner no.1 is directed to surrender before the concerned Court and pray for regular bail. (Sunil Kumar Panwar, J) Brajesh Kumar/- U