Deeplal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47355 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Deeplal Sahani, Son of Shambhu Sahani, Resident of Village-Raghunathpur, P.O.-Motihari, P.S.-Turkauliya (Raghunathpur), District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Pankaj For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2019 This is an application for grant of anticipatory bail in connection with Turkauliya (Raghunathpur) P.S. Case No.100 of 2019, disclosing offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R. is that police tried to intercept the accused persons, but the accused persons with motorcycle succeeded in fleeing away, leaving behind the person sitting on the back side of the motorcycle with two jute bags and other accused disclosed the name of the petitioner. It is also stated that from the bag, 70 pieces of 375 ml of bottles, i.e. 26.25 liters of liquor was recovered.

Submission of the learned counsel for the petitioner is that except the confessional statement of the co-accused, there is nothing against him and he has no criminal antecedent.

Patna High Court CR. MISC. No.47355 of 2019(2) dt.30-07-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Special Judge, Excise Act, East Champaran, in connection with Turkauliya (Raghunathpur) P.S. Case No.100 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T