Birendra Sahni @ Birendra Sahani @ Virendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54937 of 2023 Arising Out of PS. Case No.-389 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Birendra Sahni @ Birendra Sahani @ Virendra Sahani Son of Late Ramdev Sahni, Resident of Village- Bijabani Udho Sah Tola P.S.- Ghorasahan (Jitna) Dist- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2023 Heard learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Ghorasahan (Jitna) P.S. Case No. 389 of 2023 dated 01.07.2023, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, the F.I.R. has been lodged against seven named accused persons including the present petitioner and the total recovery of 322.200 liters Nepali Country Made liquor has been made.

4. Learned counsel for the petitioner submits that the alleged recovery of wine has been made near Jamuni River Bridge. He further submits that nothing was recovered from the

Patna High Court CR. MISC. No.54937 of 2023(2) dt.23-08-2023 2/2 possession of petitioner. He also submits that petitioner has not been apprehended from the place of occurrence. Learned counsel submits that antecedent of petitioner is clean and upon village politics his name has figured in this case.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.I, East Champaran, Motihari, in connection with Ghorasahan (Jitna) P.S. Case No. 389 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Ritik/- U T