Sunil Sahni @ Sunil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46928 of 2022 Arising Out of PS. Case No.-371 Year-2020 Thana- PIPRAKOTHI District- East Champaran ====================================================== SUNIL SAHNI @ SUNIL CHAUDHARY SON OF VIRENDRA CHAUDHARY R/O VILLAGE- HATHIYAHI TIKULIYA, PS.- PIPRA KOTHI, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.3, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, 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 Section 30(a) 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 61.14 litre from a place adjacent to petitioner's hut. 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 submitted that alleged recovery was made from a place which does not belong to the petitioner as has been specifically stated

Patna High Court CR. MISC. No.46928 of 2022(2) dt.06-09-2022 2/2 at Para-7 of the anticipatory bail application, it is also submitted that petitioner came to be implicated at the instance of the S.H.O., who claims that an information was received regarding the petitioner but does not disclose the source of information which amply demonstrates that to save the real culprits. 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. 2,000/- (Rupees Two Thousand) each 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 Kothi P.S. Case No. 371 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T