Jitendra Sahni @ Jitendra Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46070 of 2022 Arising Out of PS. Case No.-295 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== JITENDRA SAHNI @ JITENDRA KUMAR SAHNI Son of Binod Sahni R/o Village- Dumariya, Ward No. 9, P.S- Minapur, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code read with Sections 30(a) and 41 of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 15 liters liquor from a gallon and 250 litres mahua solution from the bank of Budhi Gandak river which was destroyed at the spot.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next
Patna High Court CR. MISC. No.46070 of 2022(2) dt.06-09-2022 2/2 submitted that the alleged recovery is from a place which is accessible to public at large and the petitioner came to be implicated by the local fisher for the reasons best known to them.
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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Minapur P.S. Case No. 295 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T