Shiv Pujan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68908 of 2022 Arising Out of PS. Case No.-628 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Shiv Pujan Sahani, S/O Hari Shankar Sahani R/O Village- Jhitkahiya, P.SLakhaura, District- East Champaran 2.

Munna Sahani @ Munna Kumar, S/O Shiv Pujan Sahani R/O VillageJhitkahiya, P.S- Lakhaura, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a), 32, 41(1) of the Excise Act, 2018.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 15 litres of liquor from a motorcycle. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is next submitted that they came to be implicated at the instance of local

Patna High Court CR. MISC. No.68908 of 2022(2) dt.13-12-2022 2/2 Chaukidar and villagers. It is next submitted that motorcycle does not belong to the petitioner.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Muffasil (Lakhaura) P. S. Case No.628 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T