Chandar Sahni @ Chandrip Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57282 of 2022 Arising Out of PS. Case No.-192 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== CHANDAR SAHNI @ CHANDRIP SAHANI Son of Late Lal Chand Sahni R/V- Amasur Bhore Jairam, P.S- Khanpur, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 45 litres of liquor along with 150 litres of fermented jaggery solution which was destroyed at the spot from petitioner's hut and its premises.
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
Patna High Court CR. MISC. No.57282 of 2022(2) dt.07-11-2022 2/2 submitted that it has been specifically stated at Para-7 that the hut belongs to someone else and it is away from the house of the petitioner and thus it is submitted that police in a mechanical manner implicates without holding proper inquiry. 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise P.S. Case No. 192 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T