Birendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37516 of 2017 Arising Out of PS.Case No. -248 Year- 2016 Thana -HARLAKHI District- MADHUBANI ======================================================
1. Birendra Sahni, son of Halkhori Sahni, Resident of Village-Bisaul, P.S.- Harlakhi, District-Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Harlakhi P.S. Case No.248 of 2016 instituted for the offence under Section(s) 272, 273 Indian Penal Code and Section 30-a of the Bihar Prohibition & Excise Act, 2016.
Counsel for the petitioner has submitted that the petitioner has not been arrested on the spot. His name has been disclosed by the Chaukidar.
In the seizure list, it is mentioned that 1.25 litres Nepali liquor was recovered from the house of Halkhori Sahani, who is father of this petitioner.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the
Patna High Court Cr.Misc. No.37516 of 2017 (8) dt.13-11-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Harlakhi P.S. Case No.248 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Benipatti, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- U T