Ramesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65562 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- MAHINDWARA District- Sitamarhi ====================================================== RAMESH SAHNI SON OF CHUNNILAL SAHNI R/O VILLAGEGAUSNAGAR BALUA, P.S.- MAHINWARA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 3.420 litres of liquor from the house of Rajesh Sahani.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that no doubt petitioner is brother of Rajesh Sahani but stays

Patna High Court CR. MISC. No.65562 of 2022(2) dt.06-12-2022 2/2 separately as has been pleaded in para 7 of the anticipatory bail application and he came to be implicated based on confessional statement of his brother in police custody which does not have any evidentiary value.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) 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 Mahindwara P.S. Case No. 41 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T