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Patna High CourtCR. MISC./63875/2023bail granted

Sanjay Sahni v. The State Of Bihar

2023-10-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63875 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== SANJAY SAHNI S/O RAJENDRA SAHNI RESIDENT OF VILLAGE - SOUTHAGAWN, P.S- HARLAKHI, DISTT.- MADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 72 litres illicit liquor has been recovered from the the motorcycle which is said to have been left by this petitioner.

4. Learned counsel for the petitioner submits that the no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is neither driver nor owner of the motorcycle in question and he has been made accused only on suspicion. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.63875 of 2023(2) dt.16-10-2023 2/2

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge cum Special Judge, Excise Act, Madhubani in connection with Harlakhi P. S. Case No. 179 of 2023 (G.R. No. 1046/2023), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T