Chandan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43491 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== CHANDAN SAHNI, Son of Ganesh Sahni Resident of Village - Bahrampur, P.S.- Baikunthpur, Distt - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Baikunthpur P.S. Case No. 86 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Prosecution story as per self-statement of SHO is that he received information that co-accused Sudama Rai kept foreign liquor in his house and went there and recovered 720 ML foreign liquor and later on there was recovery of 23.76 litres of liquor from the orchard and said Sudama Rai disclosed the name of the petitioner as supplier. It further appears that petitioner is accused in one more case.

Submission of learned counsel for the petitioner is that FIR itself shows that nothing has been recovered from his possession or from his house and he has been named only on the

Patna High Court CR. MISC. No.43491 of 2019(2) dt.16-07-2019 2/2 basis of confessional statement of co-accused and in other case he is on bail.

Heard learned APP, who has opposed the prayer for anticipatory bail but conceded the fact that there is no recovery from the possession or house of the petitioner. In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Baikunthpur P.S. Case No. 86 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T