Amit Sahni @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83955 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- Sri Nagar District- Purnia ====================================================== Gulam Rabbani Son of Abdul Razzaque Resident of Village-Rakhipur, P.S.- Srinagar, Distt.- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85588 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- Sri Nagar District- Purnia ====================================================== Amit Sahni @ Amit Kumar S/o Aklesh Sahni R/o Village and P.O.- Singhiya, PS.- Shree Nagar, District- Purnea ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 83955 of 2024) For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP (In CRIMINAL MISCELLANEOUS No. 85588 of 2024) For the Petitioner/s :

Mr. Sumit Kumar, Advocate :

Mr. Rakesh Kumar Jha, Advocate :

Mr. Navin Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Srinagar P.S. Case No. 82 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition

Patna High Court CR. MISC. No.83955 of 2024(3) dt.20-12-2024 2/3 and Excise Act.

3. The prosecution case, in short, is that total 206.25 litres of foreign liquor was recovered from Cowshed.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that the recovery has been made from an open place. Learned counsel further submitted that petitioners have got no concern with the alleged recovery. The petitioner, namely Gulam Rabbani has one criminal antecedent whereas petitioner namely, Amit Sahni @ Amit Kumar has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.83955 of 2024(3) dt.20-12-2024 3/3 below/concerned Court in connection with Srinagar P.S. Case No. 82 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T