Uma Shankar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56848 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== Uma Shankar Sahani Son Of Swami Nath Sahani @ Swami Nath Resident Of Village - Salenepur, P.S. - Hussainganj, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, 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 Hussaingaj P.S. Case No. 06 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 180 litres of illicit country-made liquor was recovered from the wheat field near the house of Ramai Sahani.
4. Learned counsel for the petitioner submits that on the basis of suspicion only, the petitioner has been implicated in this case. There is no recovery from the conscious possession of the petitioner and the petitioner has no concern with the recovered vehicle. The seized liquor had been recovered from wheat field having access to anyone. Petitioner has two criminal
Patna High Court CR. MISC. No.56848 of 2023(2) dt.30-08-2023 2/2 antecedents in which he is on bail.
5. Learned A.P.P. for the State opposes the prayer for 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 Exclusive Special Judge Excise, Court No. - I, Siwan in connection with Hussaingaj P.S. Case No. 06 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashutosh/- U T