Medhnath Sahni @ Meghan Sahani @ Meghnath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69766 of 2024 Arising Out of PS. Case No.-266 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Medhnath Sahni @ Meghan Sahani @ Meghnath Sahani Son of Late RamVaran Sahni Resident of Village- Majhar Godhiya Tola, P.S.- Pakaridayal, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Excise Act and Sections 272 and 273 of the IPC.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 2 litres of liquor from a place behind the shop of the petitioner and 44 litres of liquor from bank of Gandak river along with 2000 litres of fermented Jawa and 4 litres of liquor from a place behind the shop of Chandan.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69766 of 2024(2) dt.05-10-2024 2/3 petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large but then is adjacent to his shop and he came to be implicated based on secret information which is the easiest way to implicate someone without holding a proper investigation.

5.

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

6.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pakaridayal P.S. Case No. 266 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is

Patna High Court CR. MISC. No.69766 of 2024(2) dt.05-10-2024 3/3 found that the petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T