Patna High CourtCR. MISC./9207/2018allowed

Shambhu Sahni v. The State Of Bihar

2018-02-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.9207 of 2018 (2) dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9207 of 2018 Arising Out of PS.Case No. -787 Year- 2017 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Shambhu Sahni S/o Late Lalgovind Sahani, R/o Village- Rasulpur Salim, P.S.- Ahiyapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ahiyapur Police Station Case No. 787 of 2017, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 38(ii) and 41/47 of the Bihar Excise Act, 2016.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, nothing incriminating has been recovered from the possession of the petitioner rather one Jitendra Sahni, co-accused is the owner of the house from where the alleged liquor has been recovered and this petitioner has no

Patna High Court Cr.Misc. No.9207 of 2018 (2) dt.20-02-2018 concern with the alleged liquor, which is evident from the seizure list. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six 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 Special Judge, Excise, Muzaffarpur, in connection with Ahiyapur Police Station Case No. 787 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T