Amir Lal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 71536 of 2022 Arising Out of PS. Case No.-495 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

AMIR LAL SAHNI S/O JAGARNATH SAHANI Resident of villageCharkoriya, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur. 2.

RAVI KUMAR @ ABHIMANU KUMAR @ ABHIMANYU KUMAR S/O LATE ARJUN SAHNI Resident of village- Charkoriya, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273, 414 and 34 of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 200.740 liters of liquor from a motorcycle, Mahindra Verito vehilce and Mahindra Scorpio vehicle.

Patna High Court CR. MISC. No. 71536 of 2022(2) dt.23-12-2022 2/3 Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that he came to be implicated based on secret information which is the easiest way to implicate someone when admittedly petitioners are persons with clean antecedent, it is also submitted that petitioners are neither the owner nor the driver of any of the seized vehicle. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kudhani P.S. Case No. 495 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, the learned trial Court before accepting

Patna High Court CR. MISC. No. 71536 of 2022(2) dt.23-12-2022 3/3 the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have any criminal antecedent then the present anticipatory bail order shall not be acted upon. (Satyavrat Verma, J) GauravSinha/- U T