Prameshwar Sahni @ Permendra Sahni @ Parmeshwar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77158 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== Prameshwar Sahni @ Permendra Sahni @ Parmeshwar Sahni Son of Asharfi Sahni Village- Ginjas P.S.- Saraiya (O.P. Jaitpur) District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yugal Kishore For the Opposite Party/s :
Mr. Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Paroo Police Station Case No. 136 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, informant got secret information that a motor cycle was lying fallen near a Shiv temple SH 86 at village - Raghunathpur. Upon this information, the informant, along with police persons, reached at the place of occurrence and seized the said motor cycle bearing Reg. No.- BR-06CD-9293. Upon search, total 8 liters of illicit chulai
Patna High Court CR. MISC. No.77158 of 2024(2) dt.19-11-2024 2/3 liquor was recovered.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and has not committed any offence as alleged. He next submits that petitioner has been implicated on the basis of his being the owner of the seized motorcycle which has been taken by his covillager on the pretext that he has to go to hospital to meet his relative. He next submits that petitioner's motorcycle met with an accident and for the same reason, his friend/co-villager left the motorcycle near Shiv Temple and went for primary treatment.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner has been implicated on the basis of his being the owner of the motorcycle which was borrowed by his friend, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-Court
Patna High Court CR. MISC. No.77158 of 2024(2) dt.19-11-2024 3/3 No. 2nd, Muzaffarpur, in connection with Paroo Police Station Case No. 136 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T