Dharmenra Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46258 of 2016 Arising Out of PS.Case No. -207 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dharmenra Sahani , son of Late Chanardeo Sahani, resident of villageMadhuchapra, P.S. Bairganiya, District- Sitamarhi

2. Umesh Sahani, son of Makhan Sahani, resident of village- Belwa Tola, Narkatiya, P.S. Piprahi, District- Sheohar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-10-2016 Heard Sri Umesh Chandra Verma, learned counsel for the petitioners and Sri R.B.Roy Raman, learned Addl. Public Prosecutor.

Two petitioners, who are in custody since 28.07.2016 in Dhaka ( Pachpokhari) P.S. Case No.207 of 2016 registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 47(a) of the Bihar Excise (Amendment) Act, 2016, have prayed for grant of bail.

It was submitted by learned counsel for the petitioners that on false accusation the petitioners were apprehended. It was shown that about 15 Liters of Nepali Wine was recovered from the petitioners, while they were moving on motorcycle. Learned counsel for the petitioners has drawn my

Patna High Court Cr.Misc. No.46258 of 2016 (2) dt.25-10-2016 2/2 attention to the statement made in paragraph-3 of the petition to show that the petitioners are having clean antecedent. Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioners.

However, keeping in view the nature of accusation, period of custody as well as clean antecedent of the petitioners, let both the petitioners, namely, (i) Dharmendra Sahani and (ii) Umesh Sahani, 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 Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Dhaka ( Pachpokhari) P.S. Case No.207 of 2016. (Rakesh Kumar, J) NKS/- U T