Pradip Sahani @ Pradip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62845 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- BAGHA District- West Champaran ====================================================== PRADIP SAHANI @ PRADIP KUMAR Son of Late Binod Sahani Resident of Village-Shastri Nagar, Ward No.14, P.S.-Bagaha (Pathkhauli), DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2019 The petitioner apprehends his arrest in connection with Bagaha (Pathkhauli) P.S.Case No. 202 of 2019 registered under Sections 30(a) of the Bihar Prohibition and Excise Act. Allegation against the petitioner, as per FIR, is that the police intercepted the motorcycle, and arrested one person and pillion rider, however succeeded in fleeing away and from the dickey of the motorcycle the police recovered a total quantity of 09 litres country made liquor.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of the fact that arrested co-accused has disclosed the name of the petitioner. Learned counsel further submits that seized motorcycle does not belong to the petitioner. Learned counsel

Patna High Court CR. MISC. No.62845 of 2019(2) dt.22-10-2019 2/2 further submits that no illicit liquor has been recovered from the conscious possession or the vehicle belonging to the petitioner. Having regard to the submissions made by the parties and taking into consideration the fact that no recovery has been made from the possession of the petitioner or the vehicle belonging to the petitioner and he has got no criminal antecedent as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in connection with Bagaha (Pathkhauli) P.S.Case No. 202 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T