Dukhan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73475 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Dukhan Sahni Son of Late Bipat Sahni Resident of Village-Jhakhia Naykla Tola,P.S. Banjaria,Distt.-East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Turkauliya (Banjaria) P.S. Case No. 68 of 2018 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition of Excise Act, 2016.

The alleged recovery is said to have been made near State Boring and the name of petitioner was disclosed by local Chowkidar claiming that petitioner and one other was involved in selling country made liquor. Admittedly, the house of the petitioner was raided but nothing was recovered from the house of the petitioner. Moreover, para 3 of the petition goes to show

Patna High Court Cr.Misc. No.73475 of 2018(2) dt.20-12-2018 2/2 that petitioner does not have any criminal antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 7th cum Special Judge, Excise, Motihari, East Champaran in Turkauliya (Banjaria) P.S. Case No. 68 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T