Raj Sahni @ Raja Kumar @ Raja Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57162 of 2024 Arising Out of PS. Case No.-268 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Raj Sahni @ Raja Kumar @ Raja Sahni Son of Umesh Sahni VillageGodiyari, PS- Bakhri, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bakhri P.S. Case No. 268 of 2024 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 15 litres illegal foreign liquor has been recovered from the bush situated behind the hut of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the place of recovery is a public place and there is no recovery of any incriminating articles or the wine from the conscious possession of the petitioner. Learned counsel further submits that the petitioner was not
Patna High Court CR. MISC. No.57162 of 2024(2) dt.04-09-2024 2/2 present on the spot nor he has any concern with the seized liquor. He further submits that petitioner has one criminal antecedent in which he is on bail. He undertakes to co-operate in the investigation and the trial.
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/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court-II, Begusarai / Concerned Trial Court in connection with Bakhri P.S. Case No. 268 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T