Chandan Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57705 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- BISFI District- Madhubani ====================================================== Chandan Kumar Sahni S/O Gauri Shankar Sahni R/O Village- Nabratan Tol, Ps. Bisfi, Dist. Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saroj Kumar, Adv For the Opposite Party/s :
Mr.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.
2. The petitioner apprehends his arrest in connection with Bisfi P.S.Case No. 172 of 2022 instituted under Sections 272, 273, 34 of the Indian Penal Code and sections 30(a) and 37 of Bihar Prohibition & Excise Amendment Act.
3. As per the prosecution case, 12 liters Nepali liquor was recovered from possession of father of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has no concern with the seized liquor. The
Patna High Court CR. MISC. No.57705 of 2023(2) dt.05-09-2023 2/2 petitioner has been falsely implicated in this case due to two criminal antecedent of similar nature. Nothing has been recovered from his conscious possession.
5. Learned APP for the State Opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his 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 Additional Sessions JudgeII cum Special Judge Excise Madhubani in connection with Bisfi P.S.Case No. 172 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) N.K/- U T