Upendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65474 of 2019 Arising Out of PS. Case No.-295 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== 1.

UPENDRA SAHANI Son of Kailash Sahani.

2.

Raju Sahani Son of Jawahar Sahani both are Resident of Village - Godi Gawan Mali Panchayat Ward No. 12, P.S.- Sugauli, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather it is recovered from the house. It is further submitted that the house in question is not belonged to the petitioners. In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks

Patna High Court CR. MISC. No.65474 of 2019(2) dt.13-11-2019 2/2 from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-cumSpecial Judge, Excise, East Champaran, Motihari in connection with Sugauli Police Station Case No. 295 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T