Dinesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62162 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- PURNAHYA District- Sheohar ====================================================== 1.
DINESH SAHNI Son of Ramchandra Sahni Resident of Village-Piprahi, P.S-Purnahiya, District-Sheohar.
2.
Ramu Sahni Son of Prem Sahni Resident of Village-Piprahi, P.S-Purnahiya, District-Sheohar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 This application, for grant of anticipatory bail, arises out of Purnahiya P.S. Case No. 68/19, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.
Allegation is of recovery of 108 litres of liquor from the sugar cane filed of one Baidyanath Thakur and the villagers and Chowkidar disclosed that the same has been kept by the petitioners.
Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and have no concerned with the recovered liquor and nothing has been recovered from the conscious possession of the petitioners.
Patna High Court CR. MISC. No.62162 of 2019(2) dt.15-10-2019 2/2 Further submission is that petitioners have no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances this application is disposed of with direction to the petitioners to surrender in the court below within a period of two weeks, on which, the court below shall release the petitioners on provisional bail to his own satisfaction and, thereafter, the court below shall call for case diary and verify the materials against the petitioners especially as to whether any independent witness has named the petitioners and if it is found that no independent witness has named the petitioners, the court below shall confirm the provisional bail of the petitioners, otherwise, he will cancel the provisional bail of the petitioners and direct them to surrender in the court below and pray for regular bail.
(Vinod Kumar Sinha, J) sunilkumar/- U T