Krishnandan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80141 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== KRISHNANDAN SAHNI Son of Chhedi Sahni Resident of Village-Baluwa, P.S.-Riga, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Riga P.S. Case no. 132 of 2019, registered under Sections 272, 273 and 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is that on receiving the secret information about keeping the liquor by the petitioner in his house in village-Ramnagra, the informant along with other Police personnel proceeded for there and when they reached at PCC road then two persons were seen moving on motorcycle. On seeing the Police party, both started fleeing, while they were chased, but they succeeded to flee away leaving the motorcycle and plastic bag. On search of bag, 56 bottles, each

Patna High Court CR. MISC. No.80141 of 2019(2) dt.06-12-2019 2/2 containing 300 ML Nepali liquor recovered.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that bottles of seized liquor are said to be recovered on the PCC road not from the house of petitioner and the motorcycle, which was lying there is also not belonging to the petitioner. Further submission is that mere on suspicion, the petitioner has falsely been implicated in this case. Further submission is that while petitioner is accused in Riga P.S. Case No. 28 of 2019, registered under Section 307 of the Indian Penal Code, but he is on bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-IIcum-Special Judge, Excise Act, Sitamarhi in connection with Riga P.S. Case No. 132 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T