Amarjit Sahani @ Amar Jeet Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 85235 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== AMARJIT SAHANI @ AMAR JEET SAHNI, Son of Ramchandra Sahani, Resident of Village- Rampur Bheriyahi, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and 30 (a)/ 37 (a) (b) (c) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is recovery of 7.875 liters of country made liquor from the house of the petitioner and the house belongs to joint family property and there is no recovery from the conscious possession of the petitioner. The petitioner was not arrested on spot and his brother co-accused Ranjit Sahni is living separately in joint house, due to partition dispute co-accused disclosed the name of the petitioner. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No. 85235 of 2019(2) dt.17-02-2020 2/2 In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, subject to deposit of Rs. 3,000/- in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur, in connection with Kathaiya P.S. Case No. 181 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T