Surendra Sahni @ Sulendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66215 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- BEERPUR District- Begusarai ====================================================== Surendra Sahni @ Sulendra Sahani Son Of Sahdev Sahni R/V- Sahuri, P.SBirpur, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, 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 Birpur P.S. Case no. 91 of 2022 instituted for the offence under Sections 30(a), 30(c) of Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 30 liters country made liquor near a pond.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case. It is further submitted that petitioner has no concern either with the alleged recovery of illicit liquor or with the place of occurrence. The name of the petitioner has

Patna High Court CR. MISC. No.66215 of 2022(2) dt.09-12-2022 2/2 been disclosed in this case by local Chaukidar. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious or constructive 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 Birpur P.S. Case no. 91 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 Judge Excise 1st Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T