Bilat Sahani @ Biltan Sahani @ Biltan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83076 of 2024 Arising Out of PS. Case No.-669 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== BILAT SAHANI @ BILTAN SAHANI @ BILTAN KUMAR S/O BHAJAN SAHANI @ BHOJAN SAHANI RESIDENT OF VILLAGE- ISMAILPUR, PS HAJIPUR SADAR (KAZIPUR), DISTRICT VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and Mr. Upendra Kumar, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hajipur Sadar (Kajipur) P.S. Case No. 669 of 2024, registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that all together 50 liter of country-made liquor was recovered from a Pulia near Jagdamba Asthan. One Vijay Kumar told that Police that the petitioner has kept the illicit liquor or there. After this house of petitioner was searched nothing was recovered.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.83076 of 2024(2) dt.11-12-2024 2/3 petitioner submitted that petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from the perusal of the seizure list, it is clear that the seizure was made from an open place. Nothing has been recovered from possession of this petitioner. His name has surface only on the basis of statement of one Vijay Kumar who was on near the place from where the recovery was made. Petitioner is having criminal antecedent of one case and in that case he is on bail.

5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Hajipur Sadar (Kajipur) P.S. Case No. 669 of 2024, he will 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 the Exclusive Special Excise Court No.-1-cum-Additional District and Sessions Judge, Vaishali at Hajipur, subject to the conditions as laid down under

Patna High Court CR. MISC. No.83076 of 2024(2) dt.11-12-2024 3/3 section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) krishnakant/- U T