Arvind Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61900 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== ARVIND SAHANI Son of Ganesh Sahani Resident of village - Belwa Narkatiya, Police Station - Piprahi, District - Sheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhubala Verma For the Opposite Party/s :
Mrs.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018. Altogether 93.600 litres of Nepali Soufiya liquor is said to have been recovered from a motorcycle and one Niraj Sahani was apprehended while it is alleged that the petitioner who was also sitting on the motorcycle, fled away from the spot. Learned counsel for the petitioner submits that petitioner
Patna High Court CR. MISC. No.61900 of 2021(2) dt.25-03-2022 2/3 is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case merely on suspicion. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. The recovery is said to have been made from a motorcycle, which does not belongs to the petitioner and he has a prior enmity with the apprehended accused, due to which he has been implicated in this case. Petitioner has no criminal antecedent, as also mentioned in para3 of this application. Petitioner is agreed to deposit a sum of Rs. 20,000.
00/- (Rupees Twenty Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.61900 of 2021(2) dt.25-03-2022 3/3 connection with Kundwachainpur P.S. Case No.89 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions: (1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the Juvenile Justice Fund.
(Anjani Kumar Sharan, J) pallavi/- U T