Sheo Balak Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23846 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Sheo Balak Sahani, son of Bikrama Sahani, resident of Village - Barharwa Bandh, P.S. - Malahi, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Abhishek Kumar, Advocate For the Opposite Party/s :

Sri Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri Abhishek Kumar, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Govindganj (Malahi) P.S. Case No. 4 of 2018, registered for the offence under Section 272, 273, 34 of the Indian Penal Code , 1860 and Section 30(a), 33, 36 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner at the very outset has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. Besides this, it has been argued that in the case recovery of about 1 liter 800 ml of country made liquor was shown that too

Patna High Court Cr.Misc. No.23846 of 2018(2) dt.23-04-2018 2/2 from a government toilet, which was behind the house of the petitioner, otherwise there was no direct evidence against the petitioner, save and except the so- called secret information received by the Police.

In view of the facts and circumstances as well as clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Sheo Balak Sahani 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 Special Judge, Excise, Motihari, East Champaran / concerned court in connection with Govindganj ( Malahi) P.S. Case No. 4 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T