Laxmi Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4365 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Laxmi Sahani, Son of Ram Chandar Sahani,

2. Deepak Kumar Chaudhary, Son of Vishwanath Chaudhary,

3. Rabi Sahani, Son of Naga Sahani, All of Village and P.S.- Katra, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Adv. For the Opposite Party/s : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in Katra P.S. Case No.87 of 2016 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Sections 30(A) and 35(A) of the Bihar Prohibition and Excise Act, 2016.

It has been submitted that the petitioners are not named in the FIR. The names of the petitioners have been disclosed by the Chowkidar. As per the written report, the petitioners throw away the foreign liquor and fled away. The place of seizure has been shown in the seizure list as near Bishanpur Chowk. It has not been mentioned in the

Patna High Court Cr.Misc. No.4365 of 2017 (2) dt.10-02-2017 seizure list that the recovered foreign liquor belongs to these petitioners. It is mentioned in the written report that the Chowkidar disclosed that these petitioners fled away after throwing the foreign liquor.

Beside such suspicion there is no incriminating material against these petitioners. Therefore, their prayer for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Katra P.S. Case No.87 of 2016, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sanjay Priya, J) Arvind/- U T