Sageena Dhangar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71124 of 2023 Arising Out of PS. Case No.-715 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Sageena Dhangar, S/O Late Manohar Dhangar, R/O Village- Dhokraha Dhangar Tola, P.S- Majhauliya, Distt.- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party :

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Majhauliya P. S. Case No. 715 of 2021 dated 22.12.2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4. As per the prosecution case, total 05 litres of illicit liquor was recovered from the Motorcycle of the co-

Patna High Court CR. MISC. No.71124 of 2023(2) dt.08-11-2023 2/3 accused Binod Mahto and he disclosed that he had bought the liquor from the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been made accused in the present case on the basis of disclosure statement of the co-accused Binod Mahto. The said liquor was recovered from co-accused and not from the petitioner. The petitioner was not caught on the spot and nothing has been recovered from his conscious possession. The mango orchard and Jhungi in question do not belong to the petitioner. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.71124 of 2023(2) dt.08-11-2023 3/3 of learned Court concerned, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 715 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T