Patna High CourtCR. MISC./87461/2019bail granted

Binod Sahani @ Binod v. The State Of Bihar

2020-02-03Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87461 of 2019 Arising Out of PS. Case No.-311 Year-2019 Thana- BISFI District- Madhubani ====================================================== BINOD SAHANI @ BINOD S/o Jhari Sahani Resident of Village-Damala Ghat, P.S.- Bisfi, Distt- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar, Adv.

For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Bisfi (Patauna) P.S. Case No. 311 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that one person was seen on motorcycle keeping the sack. When he was asked to stop the motorcycle, then, he fled away leaving the motorcycle and sack. On search of sack, 85 bottles, each containing 300 ml Nepali Saufi wine recovered. Local Chowkidar identified the person, who succeeded to flee away as Vinod Sahni (petitioner). Submission is that petitioner was not apprehended on

Patna High Court CR. MISC. No.87461 of 2019(2) dt.03-02-2020 2/2 spot nor the petitioner is the owner of the seized motorcycle. Due to dirty village politics, the local Chowkidar has disclosed the name of the petitioner. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bisfi (Patauna) P.S. Case No. 311 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cumSpecial Judge, Excise, Madhubani, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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