Pramod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79941 of 2019 Arising Out of PS. Case No.-525 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

PRAMOD PRASAD Son of Manger Prasad, Resident of Village-Jhakhiya, P.S.-Banjariya, District-East Champaran.

2.

Nathu Sahni Son of Late Badari Sahni, Resident of Village-Jhakhiya, P.S.- Banjariya, District-East Champaran.

3.

Eaksan Sahni Son of Rambaran Sahni @ Varun Sahni, Resident of VillageJhakhiya, P.S.-Banjariya, District-East Champaran. 4.

Sunil Sahni Son of Babulal Sahni, Resident of Village-Jhakhiya, P.S.- Banjariya, District-East Champaran.

5.

Safi Sahni @ Sfi Sahni @ Shashi Bhusan Sahni Son of Varun Sahni @ Rambaran Sahni Resident of Village-Jhakhiya, P.S.-Banjariya, District-East Champaran.

6.

Amol Sahni Son of Shrikant Sahni Resident of Village-Jhakhiya, P.S.- Banjariya, District-East Champaran.

7.

Rahul Kumar Son of Dhawelu Sahni @ Bhagelu Sahni Resident of VillageJhakhiya, P.S.-Banjariya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Turkaulia (Banjariya) P.S. Case No. 525 of 2019 for the offence punishable under Sections 147, 149, 341, 323, 353, 504 of the Indian Penal Code.

The allegation is regarding the police having received secret information that 200 cartoons of illicit foreign liquor was

Patna High Court CR. MISC. No.79941 of 2019(3) dt.13-12-2019 2/2 being kept at the house of the Sarpanch, namely, Pramod Prasad and when the police had reached near the house of Nathu Sahni, they were intercepted by the accused persons including the petitioners and were precluded from conducting raid.

The learned counsel for the petitioners submits that the entire allegation is apparently false inasmuch as no illicit liquor has been recovered from the place of occurrence. It is further submitted that the petitioners, except petitioner no. 5 are having clean antecedent and as far as the petitioner no. 5 is concerned, he is accused in one case, in which he is on bail.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.D.J. 9th cum Special Judge, Excise, East Champaran, Motihari in connection with Turkaulia (Banjariya) P.S. Case No. 525 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T