Tej Narain Sahni @ Tej Narayan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41352 of 2023 Arising Out of PS. Case No.-236 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== 1.

TEJ NARAIN SAHNI @ TEJ NARAYAN SAHANI SON OF KAPIL SAHANI RESIDENT OF VILLAGE- NARKATIYA BELWA, P.S.- PIPRAHI, DISTRICT- SHEOHAR 2.

VINAY SAHNI @ VINAY SAHANI @ BINAY SAHNI SON OF FULDEV SAHANI RESIDENT OF VILLAGE- NARKATIYA BELWA, P.S.- PIPRAHI, DISTRICT- SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case each and allegation is of recovery of 105.3 liters of liquor from the sugarcane field of Baccha Singh.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they came to be

Patna High Court CR. MISC. No.41352 of 2023(2) dt.04-07-2023 2/2 implicated at the instance of Chowkidar with whom they are on an inimical terms. It is also submitted that the alleged recovery is from a place which does not belong to the petitioners. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Piprahi P.S. Case No. 236 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T