Ravindra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47585 of 2022 Arising Out of PS. Case No.-16 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== RAVINDRA SAHNI S/o Naresh Sahni R/o village- Kubauli, P.S.- Paroo, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Jha For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Paroo P.S. Case no. 16 of 2021 instituted for the offence under Sections 272 and 273 of the IPC and Section 30(a), 36 and 38 of the Bihar Prohibition of Excise Act. Prosecution case relates to recovery of 30 litres country made liquor from the Kubaulil Diyara area. Local people and Chaukidar have disclosed the names of several accused persons including the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no
Patna High Court CR. MISC. No.47585 of 2022(2) dt.11-11-2022 2/3 concern with the alleged recovery or with the place of occurrence. The place of occurrence is an open land, easily to common people. The name of the petitioner has been disclosed in this case by the local chaukidar before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Similarly situated accused persons have already been granted anticipatory bail by different co-ordiante Bench vide order dated 21.12.2021 and 6.5.2022 passed in Cr. Misc. Nos. 46884/2021 and 22913/2022 respectively. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Paroo P.S. Case no. 16 of 2021, he will 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 Exclusive Special Judge, Excise Court no. II, Muzaffarpur subject to the conditions as laid down under
Patna High Court CR. MISC. No.47585 of 2022(2) dt.11-11-2022 3/3 section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) nirajkrs/- U