Rambhuwan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81663 of 2019 Arising Out of PS. Case No.-258 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

RAMBHUWAN SAHNI 2.

Rudal Sahni Both are sons of Maksudan Sahni, Resident of Village - Bimalpur, P.S.- Teghra, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in a case registered for the offence under section 30(a) of Bihar Prohibition and Excise Act. Allegation as per the FIR is that on a raid being conducted in the houses of different accused persons, four persons including the two petitioners herein were seen fleeing away from the house of Shambhu Sahani. It is further stated that 8 litres of Mahua wine and other equipments for making wine was also recovered from the house of Shambhu Sahani.

It is submitted by learned counsel for the petitioners that the allegation of the petitioners being amongst the accused seen fleeing away is false and concocted. He further submits that no

Patna High Court CR. MISC. No.81663 of 2019(2) dt.11-12-2019 2/2 recovery of any incriminating article has taken place from the person or possession of these petitioners and they have no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact of the petitioners not being apprehended at the spot and not having any criminal antecedent, the Court is inclined to enlarge the petitioners on bail. The petitioners above named, in the event of their arrest or surrender in the Court below within a period of six weeks from today in connection with Teghra P.S. Case No.258 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Begusarai, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash Narayan U T