Patna High CourtCR. MISC./62400/2024bail granted

Pawan Sahni v. The State Of Bihar

2024-09-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62400 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== Pawan Sahni S/o- Shivji Sahni Resident of Village- Phulthua, P.S.- Simri, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 4 liters of liquor from a sack allegedly thrown by the petitioner.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and has no concern with the alleged sack from which

Patna High Court CR. MISC. No.62400 of 2024(2) dt.02-09-2024 2/2 recovery of liquor is alleged to have been made and he came to be implicated at the instance of Chowkidar, with whom he is on an inimical term.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000 /- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Simri P.S. Case No. 112 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J.) Sudhanshu/- U T