Kishor Sahni @ Raj Kishor Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78199 of 2019 Arising Out of PS. Case No.-364 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== KISHOR SAHNI @ RAJ KISHOR SAHNI S/O Lagan Sahni @ Lalan Sahni R/O Village- Chakpitamber @ Chakpitambar, P.S.- Vaishali, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act, 2018. Informant who is the police officer has alleged in his written complaint that while he was on patrolling duty, he received a confidential information that country made liquor is kept in the house of Binda Sahni and from his house 30 litres of country made liquor was recovered from the cowshed. Petitioner has been implicated in this case on the basis of statement made by some villagers that petitioner is also involved in the trade of illicit liquor.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.78199 of 2019(2) dt.22-01-2020 2/2 he is innocent and has been falsely implicated in this case due to village politics and animosity and nothing was recovered from his conscious possession nor he was apprehended from the place of recovery of illicit liquor, as such, no offence under excise act is made out.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Vaishali P.S. Case No. 364 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T