Krishna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81029 of 2019 Arising Out of PS. Case No.-301 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== KRISHNA SAHANI S/o Late Chepu Sahani R/o village- Malahi Badka Bajar, P.S.- Malahi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR 3.8 litres of country liquor is said to have been recovered from a thatched hut belonging to the petitioner.

It is submitted by learned counsel for the petitioner that the allegation of recovery is false and concocted. He has no criminal antecedent and the place wherefrom incriminating

Patna High Court CR. MISC. No.81029 of 2019(2) dt.10-12-2019 2/2 article is said to have been recovered is an open place which cannot be placed under lock by the petitioner. In the facts and circumstances of the case, the fact that the petitioner has got no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Govindganj (Malahi) P.S. Case no.301 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 Additional Sessions Judge, IXth-cum-Special Judge, Excise, Motihari, East Champaran subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash Narayan /- U T