Chhote Lal Sahni @ Sunil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67816 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- BELA District- Sitamarhi ====================================================== CHHOTE LAL SAHNI @ SUNIL SAHNI, aged about 25 years, Male, Son of Ram Briksh Sahni, Resident of Village - Bakchaura, P.S.- Bela, Dist.- Sitamarhi ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar, Adv.

For the Opposite Party :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Bela P.S. Case No. 31 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about carrying the liquor from Nepal by some persons, the informant, along with other police personnel, started checking at Hardi river. At that time, some persons were seen moving, keeping the sacks on their head. On chase, three persons were apprehended, who disclosed their names Jai Kishore Rai, Ranchhabila Sahni and Sanjeet Sahni. On search, of sack of Jai Kishore Rai he was found with 180 bottles, each containing 300 ml Nepali Saufi wine, in sack of Sanjeet Sahni 180 bottles of 300 ml recovered. Four sacks were also recovered there containing the bottles of Nepali Saufi wine. On query, they disclosed that the persons who succeeded to flee away is Lallu

Patna High Court CR. MISC. No.67816 of 2019(2) dt.29-01-2020 2/2 Sahni, Lahpi Sahni, Narayan Sahni, Mantu Khan Sahni and Chhote Lal Sahni (petitioner).

Submission is that petitioner was not apprehended on spot and his name has come in the confessional statement of the co-accused. Further, submission is that the petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bela P.S. Case No. 31 of 2019 shall be released 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 the Additional District Judge II-cum-Special Judge, Excise, Sitamarhi, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T