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Patna High CourtCR. MISC./66773/2022allowed

Nawal Sahni v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66773 of 2022 Arising Out of PS. Case No.-318 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Nawal Sahni Son Of Parikshan Sahani R/V- Salempur, P.S.- Lalganj, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Lalganj P.S. Case no. 318 of 2022 instituted for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 30 liters of country-made liquor from open place.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern

Patna High Court CR. MISC. No.66773 of 2022(2) dt.09-12-2022 2/3 with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the shepherd. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Lalganj P.S. Case no. 318 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No. 1-cum-Additional District & Sessions Judge, Vaishali at Hajipur subject to the conditions as

Patna High Court CR. MISC. No.66773 of 2022(2) dt.09-12-2022 3/3 laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T