Shyam Babu Sahani @ Shyam Babu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57610 of 2022 Arising Out of PS. Case No.-409 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== SHYAM BABU SAHANI @ SHYAM BABU CHAUDHARY Son of Mohan Sahani @ Mohan Chaudhary Resident of Village- Raghunathpur, P.S.- Turkauliya(Raghunathpur O.P) District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner, Mrs. Binti Devi, and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) and 41(i)of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 150 liters of liquor from two motorcycles. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner came to be implicated based on secret

Patna High Court CR. MISC. No.57610 of 2022(2) dt.07-11-2022 2/2 information because of his antecedent, it is also submitted that petitioner is neither the owner nor the driver of the alleged motorcycle.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkauliya (Raghunathpur) P.S. Case No. 409 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T