Vilash Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61632 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- PURNAHIYA District- Sheohar ====================================================== Vilash Sahni, S/o Mahesh Sahni R/o village- Piprahi Punarwas, P.S.- Purnahiya, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Purnahiya P.S. Case No.67 of 2019, for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner as per the First Information Report is that police on the basis of secret information raided the village Piprahi and recovered a total quantity of 688 bottles of illicit Nepali liquor having 300 ml liquor in each bottle near the bank of pond.

Learned counsel appearing for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as illicit liquor has been recovered from an open space near the bank of pond and the name of the petitioner

Patna High Court CR. MISC. No.61632 of 2019(2) dt.16-10-2019 2/2 has been dragged merely on the basis of statement made by the villagers. Learned counsel further submits that the petitioner has got no criminal antecedent.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge-cum-Special Judge, Excise, Sheohar, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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