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Patna High CourtCR. MISC./64707/2022allowed

Ravindra Sahani v. The State Of Bihar

2022-12-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64707 of 2022 Arising Out of PS. Case No.-235 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Ravindra Sahani Son Of Kameshwar Sahani R/V- Ajgarwa, P.S- Lakhaura, Dist- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 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 a case registered for the offences punishable under Section 414 of Indian Penal Code and Sections 30(a), 32 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 50 litres of illicit liquor from motorcycle bearing registration No. BR05K-7571. One person was apprehended from spot, who disclosed his name as Munilal Sahani. Apprehended person disclosed the name of petitioner.

Patna High Court CR. MISC. No.64707 of 2022(2) dt.02-12-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the motorcycle in question. The name of the petitioner has been disclosed in this case by apprehended co-accused person due to previous enmity. 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 Chhauradano P.S. Case no. 235 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 Special Judge, Exclusive Court No. II, East Champaran, Motihari subject to the conditions as laid down

Patna High Court CR. MISC. No.64707 of 2022(2) dt.02-12-2022 3/3 under section 438(2) of the Cr.P.C.

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