Shivjee Sahni And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68297 of 2018 Arising Out of PS. Case No.-89 Year-2017 Thana- ALINAGAR District- Darbhanga ======================================================
1. Shivjee Sahni,
2. Bhola Sahni, Both are Son of Late Banarsi Sahni, Resident of Village- Jaughra, P.S.- Bahera, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Das For the Opposite Party/s :
Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in connection with G.O. Case No. 1659 of 2017 arising out of Alinagar P.S. Case No. 89 of 2017 for the offence under Sections 272, 273, 284/34 the Indian Penal Code and Sections 30 (a), 30 (c), 30 9d), 32 (I) 32 (2), 33, 34 (a),34 (b), 36, 38 (1), 44 of Bihar Prohibition and Excise Act 2016.
Learned counsel appearing on behalf of the petitioners submits that petitioners have no criminal antecedent. He further submits that nothing was recovered either from conscious or constructive possession of the petitioner. The police registered the instant case on the basis of raid conducted on secret
Patna High Court Cr.Misc. No.68297 of 2018(2) dt.14-12-2018 2/2 information about illegal manufacturing of counter made liquor. Learned counsel submits that petitioners are neither involved in the manufacturing of liquor nor in the sale or purchase of the liquor.
Considering the fact that the petitioners have no criminal antecedent and nothing was recovered either conscious and constructive possession of the petitioner, let the petitioners above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned Additional Judge IVth-cum-Special Judge, Darbhanga, in connection with G.O. Case No. 1659 of 2017, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./- U T