Patna High CourtCR. MISC./66392/2023bail granted

Saheb Sahni @ Saheb Chaudhary v. The State Of Bihar

2023-10-18Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66392 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== SAHEB SAHNI @ SAHEB CHAUDHARY Son of Mahesh Sahani R/o vill - Hathiyahi, P.S. - Piprakothi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar, Advocate.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-10-2023 Heard Mr. Kundan Rathore @ Kumdan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Piprakothi P.S. Case No. 45 of 2023 registered for the offence punishable under Sections 272, 273 and 308/34 of the Indian Penal Code and Sections 30(a), 32, 36 and 41(1) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 80 litres of country made liquor from the open field of Seth Sahani situated in the village Hathiyahi.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in the case at the instance of his enemy.

Patna High Court CR. MISC. No.66392 of 2023(2) dt.18-10-2023 2/2 Nothing has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor nor manufacturing or smuggling of the illicit liquor. The place of recovery is an open place which is easily accessible to anyone.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 45 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T