Binod Sahni @ Vinod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53301 of 2023 Arising Out of PS. Case No.-1037 Year-2022 Thana- DANAPUR District- Patna ====================================================== Binod Sahni @ Vinod Kumar Son Of Rama Sahni Resident Of Village Bandhpar, West Of Durga Mandir Danapur, P.S. Danapur, District- Pana ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Danapur P.S. Case No. 1037 of 2022 instituted under Sections 30 (a) and 29 of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 138.6 litres of illicit foreign liquor was recovered from the Rajputana Ghat.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was neither present nor apprehended on the spot and he has no concern with alleged seized liquor from the spot. He also has no concern with the vehicle used for carrying liquor. There is no independent witness of the seizure list.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.53301 of 2023(2) dt.30-08-2023 2/2 anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Excise Judge, Danapur, District- Patna in connection with Danapur P.S. Case No. 1037 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashutosh/- U T