Ram Naresh Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34972 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- PIPRAKOTHI District- East Champaran ======================================================

1. Ram Naresh Sahani

2. Mukesh Sahani Both sons of Naga Sahani, Residents of Village- Bairiya, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Abhishek Kumar, Advocate For the Opposite Party/s :

Smt. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-07-2018 Heard Sri Abhishek Kumar, learned counsel for the petitioners and Smt. Pushpa Sinha, learned Additional Public Prosecutor.

Two petitioners, apprehending their arrest in connection with Piprakothi P.S. Case No. 18 of 2018 , registered for the offence under Section 272, 273 , 414, 34 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

By way of referring to the statement made in paragraph no. 3 of the petition learned counsel for the petitioners submits that both petitioners are having clean antecedent. It has further been argued that save and except

Patna High Court Cr.Misc. No.34972 of 2018(3) dt.03-07-2018 2/3 confessional statement of co -accused , there is no other material to connect the petitioners in the present case. He submits that some of the accused persons with one Pick- Up Van and one motorcycle were apprehended. From the Pick- Up Van huge quantity i.e. 425 liter of sprit was recovered and petitioners were arrayed as if they were the owner of the sprit, otherwise, petitioners are not having any connection either with the seized Pick -Up Van or motorcycle and to this effect specific statement has been made in paragraph no. 10 of the petition. Learned Additional Public Prosecutor has opposed the prayer for grant of anticipatory bail on the plea that the accused persons who were arrested have disclosed the names as if petitioners are the persons who are dealing in the trade of liquor.

Be that as it may, considering the fact that both petitioners are having clean antecedent as well as the fact that save and except confessional statement of co- accused there is no other material against the petitioners, in the event of their arrest or surrender within a period of six weeks from today, let both petitioners: (1) Ram Naresh Sahani , and (2) Mukesh Sahani be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the

Patna High Court Cr.Misc. No.34972 of 2018(3) dt.03-07-2018 3/3 like amount each to the satisfaction of learned Special Judge, Excise, Motihari , East Champaran / concerned court in connection with Piprakothi P.S. Case No. 18 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T