Akhilesh Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71401 of 2018 Arising Out of PS. Case No.-161 Year-2018 Thana- SARAI District- Vaishali ======================================================

1. Akhilesh Sahani, Son of Ram Ishwar Sahani @ Jathu Sahani

2. Dasai Sahani, Son of Yugal Sahani, Both are Residents of Village- Darhara, P.S.- Sarai, Dist- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate Ms. Kanchan Kumari, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Submission is that nothing was recovered from the possession of the petitioners; rather recovery of liquor was from the possession of co-accused Golu Kumar. The petitioners have got no criminal antecedent. Co-accused Golu Kumar has already been allowed bail by a coordinate Bench of this Court in Cr. Misc. No.57899 of 2018.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the

Patna High Court Cr.Misc. No.71401 of 2018(2) dt.14-12-2018 2/2 Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Sarai Police Station Case No.161 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T