Sunil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72265 of 2022 Arising Out of PS. Case No.-869 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Sunil Sahani, S/O Chhathu Sahani R/V- Jhakhiya, P.S.- Banjariya, DistrictEast Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 10 litres of liquor and 2.5 litres of beer from a husk hut near Khadwa bridge.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered. It is also submitted that the hut does not belong to the petitioner and he came to be implicated because of his

Patna High Court CR. MISC. No.72265 of 2022(2) dt.23-12-2022 2/2 antecedent by the police through anonymous local people. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Turkauliya (Banjariya) P. S. Case No.869 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

However, the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has more than two criminal antecedent, then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) vikash/- U T