Brij Kishor Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78474 of 2018 Arising Out of PS. Case No.-406 Year-2018 Thana- BAGHA District- West Champaran ======================================================

1. Brij Kishor Sahni Son of Bhagat Sahni Resident of Village-Narainapur,P.S. Bagha,Patkhauli,Distt.-W.Champaran

2. Mushi Sahni @ Heera Lal Sahni Son of Ambika Sahni

3. Birendra Yadav Son of Naresh Yadav @ Ram Naresh Yadav Both are Resident of Kailash Nagar,P.S.Bagaha Patkhauli,Distt.-W.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 This application, for grant of anticipatory bail, arises out of Bagha (Patkhauli) P.S. Case No. 406 of 2018, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 155 litres of country made liquor from the boat and five to six persons were seen fleeing away.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and their names have surfaced in this case on the disclosure made by the co-accused and except that there is nothing against the petitioners and they have no criminal antecedent.

Patna High Court Cr.Misc. No.78474 of 2018(2) dt.09-01-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, West Champaran, Bettiah, in connection with Bagha (Patkhauli) P.S. Case No. 406 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T