Bhikhar Sahani @ Bhikhari Sahani @ Bhihari Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64131 of 2024 Arising Out of PS. Case No.-346 Year-2019 Thana- PATAHI District- East Champaran ====================================================== Bhikhar Sahani @ Bhikhari Sahani @ Bhihari Sahni Son Of Devki Sahani Resident Of Belwa Narkatia Bandobasti, P.S. -PIPRAHI, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 37(d), 38 and 41 of Bihar Prohibition and Excise Amendment Act, 2018 and Section 414 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 489 litres of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and he came to be implicated based on apprehended accused in police custody, which does not have any evidentiary value.

Patna High Court CR. MISC. No.64131 of 2024(2) dt.04-09-2024 2/2

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patahi P.S. Case No.346/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T