Dilip Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62500 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- PARSA District- Saran ====================================================== 1.

Dilip Sahani Son Of Nanhak Sahani R/O Vill.- Baligawan, P.S.- Parsa, Distt.- Saran 2.

Awadesh Sahani Son Of Bishwanath Sahani R/O Vill.-BALIGAWAN, P.S.- Parsa, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjawal Bhushan For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 350 liters of country made liquor is said to have been recovered from the watermelon field of Vichar Sahani. He submits that the petitioners have no knowledge of seized country made liquor. He further submits that petitioners have no criminal antecedent as stated in para-3

Patna High Court CR. MISC. No.62500 of 2022(2) dt.02-12-2022 2/3 of the bail application.

Petitioners are agreed to deposit a sum of Rs. 25,000.00 (Rupees Twenty Five Thousand) each in the Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the facts and circumstance of the case, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parsa P.S. Case No. 114 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to who he is related with the petitioners. He will also undertake to inform the court if there is any change in the address of the petitioners.

(II) that the bailor shall also stated on affidavit that he

Patna High Court CR. MISC. No.62500 of 2022(2) dt.02-12-2022 3/3 will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) devendra/- U T