Dharm Sahani @ Dharm Choudhary @ Vinod Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57909 of 2022 Arising Out of PS. Case No.-188 Year-2022 Thana- SISWAN District- Siwan ====================================================== Dharm Sahani @ Dharm Choudhary @ Vinod Pasi, Son Of Late Kailash Sahni Resident Of Village - Gayaspur Mathiya, P.S.- Siswan, District - Siwan. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Dubey For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 35 litres of liquor from the bushes east of petitioner's house.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that even the alleged recovery from a place which does not belong to the petitioner and he came to be implicated at the

Patna High Court CR. MISC. No.57909 of 2022(2) dt.09-11-2022 2/2 instance of villagers, but then F.I.R. does not disclose the name of any villagers, who disclosed his name.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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 Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Siswan P. S. Case No.188 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T