Pradip Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72499 of 2019 Arising Out of PS. Case No.-253 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== Pradip Sahani, S/o Harihar Sahani, R/o village- Singha Malahi Tola, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Harasidhi P.S. Case No. 253 of 2019, registered under Section 30(a) of the Bihar Excise Act.

The accusation is that on receiving secret information about keeping of illicit liquor and spirit in village Sigra Malahi Tola by Vidya Sahni, Rakesh Kumar, Pradeep Sahni (petitioner) and Raja Sahni, the informant along with other police personnel reached at the door of Vidya Sahni. On seeing the police party, four persons started to flee away but on chased, two persons were apprehended, who disclosed their names as Raja Kumar and Rakesh Kumar and they also

Patna High Court CR. MISC. No.72499 of 2019(2) dt.03-02-2020 2/2 disclosed the name of petitioner and Vidya Sahni, who succeeded to flee away. On search in the straw house of Vidya Sahni, 200 pouches each containing 100 ml, kept in a sack, was recovered from the motorcycle.

Learned counsel for the petitioner submits that petitioner was not apprehended at the spot and nothing has been recovered from his possession but due to dirty village politics, his name has surfaced in the present case. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari, in connection with Harasidhi P.S. Case No. 253 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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