Moti Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73939 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- MAKER District- Saran ====================================================== 1.

Moti Sahani, Son of Late Balam Sahani, Resident of Village-Nayatola Baghakol, Police Station-Maker, District-Saran. 2.

Sukeshwar Sahani, Son of Moti Sahani, Resident of Village-Nayatola Baghakol, Police Station-Maker, District-Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-01-2020 Learned counsel for the petitioners submits that the application so far as petitioner no.2 Sukeshwar Sahanai is concerned has been rendered infructuous. It is, therefore, dismissed as infructuous.

Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner no.1 Moti Sahani is apprehending his arrest in connection with Maker P.S. Case No.156 of 2019 registered for the offence punishable under Section 188/272/273 of the Indian Penal Code and Section 30(a)/37(a)/(b) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that so far

Patna High Court CR. MISC. No.73939 of 2019(2) dt.24-01-2020 2/2 as petitioner no.1 is concerned, there is no recovery from his conscious possession, but is alleged to have been recovered from his home in his absence.

Considering the aforementioned facts and circumstances, let Petitioner No.1 Moti Sahani, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Saran, in connection with Maker P.S. Case No.156 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T