Suraj Sahni @ Bulla @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71243 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== SURAJ SAHNI @ BULLA @ SURAJ KUMAR Son of Satrughan Sahni R/o vill - Shivaji Nagar Musalat Bazar, P.S. - Town, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Darbhanga Town Police Station Case No. 27 of 2023, disclosing offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police got a secret information that the petitioner had stored illicit liquor in the house of Manjula Devi, raided the same and upon seeing the police party, 56 persons started fleeing away, however, the police arrested co-accused Krishna Kumar and recovered 648 litres of illicit liquor from the house of Manjula Devi.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.71243 of 2023(2) dt.07-11-2023 2/3 petitioner has been made accused on the basis of disclosure of his name by the arrested co-accused Krishna Kumar. He next submits that the petitioner is having no criminal antecedent and illicit liquor has not been recovered from the conscious possession of the petitioner and/or premises belonging to him.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and illicit liquor has not been recovered from the conscious possession of the petitioner and/or premises belonging to him, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Darbhanga, in connection with Darbhanga Town Police Station Case No. 27 of 2023, subject to the condition laid down under

Patna High Court CR. MISC. No.71243 of 2023(2) dt.07-11-2023 3/3 Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √