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Patna High CourtCR. MISC./75946/2024bail granted

Pappu Sahni v. The State Of Bihar

2024-11-22Mr. Justice S. B. P. Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75946 of 2024 Arising Out of PS. Case No.-345 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Pappu Sahni S/o Bihari Sahni R/o vill - Goriyari, ward no. 21, P.S. - Bakhri, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

3. It is a case of recovery of seven litres of country made liquor has been recovered from a hut built along the railway line near Goriyari fish market.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner is apprehended on spot nor anything incriminating has been recovered from

Patna High Court CR. MISC. No.75946 of 2024(2) dt.22-11-2024 2/2 his conscious possession. He has no concern either with the seized contraband or with the place of recovery. There is no independent witness of the alleged seizure.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bakhri P.S. Case no. 345 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court II, Begusarai, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Nirajkrs/- U T