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Patna High CourtCR. MISC./65099/2018allowed

Satyendra Sahni v. The State Of Bihar

2019-02-01Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65099 of 2018 Arising Out of PS. Case No.-155 Year-2018 Thana- KOTWA District- East Champaran ====================================================== Satyendra Sahni Son of Vidya Sahni Resident of Village- Kala Tola, Amma Par, P.S. Kotwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-02-2019 Heard the parties.

Petitioner seeks pre-arrest bail in Kotwa P.S.Case No.155 of 2018 registered under Sections 272, 273 of the I.P.C. and Seection 30(a) of the Bihari Prohibition & Excise Act. On receipt of secret information about selling illicit wine by the petitioner at his house and also in the field of maize, the informant along with other police officials reached the house of the petitioner and on seeing the police party one person already succeeded in fleeing away from the house. On search of the house two litres of country made liquor in galon kept beneath the bed was recovered.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner was not arrested

Patna High Court Cr.Misc. No.65099 of 2018(3) dt.01-02-2019 2/2 on the spot. The house from which two litres of country made liquor kept beneath the bed was recovered is of joint family house of the petitioner who had no knowledge about keeping the seized liquor by his other family members. The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the learned court below within four weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-VII-cum-Special Judge, Excise, East Champaran, in Kotwa P.S. Case No.155 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) aks/- U