Ashok Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22057 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashok Sahani , Son of Late Laloo Sahani Resident of Village- Jhakhiya Nayaka Tola , P.S. -Banjariya, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-07-2017 Heard Sri Vijay Shankar Shrivastava, learned counsel for the petitioner and Sri Madhuranand Jha, learned Additional Public Prosecutor.
The sole petitioner, apprehending his arrest in Excise Case No. 05 of 2017 , instituted for the offence under Section 30(a) of the Bihar Prohibition & Excise Act , 2016 has prayed for grant of anticipatory bail primarily on the ground that in illegal manner a search was conducted in the premises of the petitioner and falsely recovery of 02 liter country made liquor was shown and Police thereafter on 3.1.2017 only submitted forwarding report along with seizure list of the seized article to the learned
Patna High Court Cr.Misc. No.22057 of 2017 (4) dt.13-07-2017 2/3 Chief Judicial Magistrate , East Champaran, Motihari and this was the reason that vide order dated 05.05.2017 a Bench of this Court had summoned a report from the Chief Judicial Magistrate, East Champaran, Motihari on the point as to whether any prosecution report was submitted or not, and if prosecution report was submitted what was the reason for non supply of prosecution report to the petitioner even after filing of chirkut. Thereafter learned Chief Judicial Magistrate, East Champaran, Motihari sent a report dated 11th May 2017, which has been kept at flag 'A'. The report of the learned Chief Judicial Magistrate categorically indicates that till the date of report no prosecution report was submitted.
Considering the manner in which Police has conducted search and investigation and only sent forwarding report and seizure list to the learned Chief Judicial Magistrate , the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail .
Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Ashok Sahani be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate , Motihari
Patna High Court Cr.Misc. No.22057 of 2017 (4) dt.13-07-2017 3/3 East Champaran / concerned court in connection with Excise Case No. 05 of 2017 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure 1973. (Rakesh Kumar, J) Praful/- U T