Dharmendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78914 of 2024 Arising Out of PS. Case No.-128 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Dharmendra Sahani Son of Jagdish Sahani Vill-Dumari Tola, Chhapra, P.SSugauli, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shamir Mehra, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and Ms. Pushpa Sinha.1, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sugauli P.S. Case No. 128 of 2022 instituted for the offence under Section 30(a)(b)(c) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 800 liters of mahua was recovered from the wheat field of one Shreelal Sahni. Name of this petitioner has surfaced in the confessional statement of Shreelal Sahni.

4. During course of the argument, learned counsel for the petitioner has submitted that nothing has been recovered form the possession of this petitioner and he is having no criminal antecedent.

Patna High Court CR. MISC. No.78914 of 2024(2) dt.02-12-2024 2/2

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

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 Sugauli P.S. Case No. 128 of 2022, he 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 court of Special Judge, Excise Court No.1, East Champaran at Motihari subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) durgesh/- U T