Indal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86572 of 2019 Arising Out of PS. Case No.-258 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Indal Sahni Son of Kokil Sahni Resident of Village - Vilnpur, P.S.- Teghara, District- Begusarai 2.

Sikandar Sahni Son of Kokil Sahni Resident of Village - Vilnpur, P.S.- Teghara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, as amended by Amendment Act 8 of 2018.

It is alleged that from the house of the petitioners, utensils for the purpose of making country made liquor and country made liquor were recovered.

It is submitted by learned counsel for the petitioners that the recovery has been made from the joint family house and a statement has been made in paragraph 3 of the petition that the

Patna High Court CR. MISC. No.86572 of 2019(2) dt.24-02-2020 2/2 petitioners are not having any criminal antecedent. Learned APP submits that the recovery has been made from the house of the petitioners.

In view of the fact that the recovery has been made from the house of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. However, considering the nature of recovery, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioners surrender before the learned Court below within a period of six weeks from today in connection with Teghara P.S. Case No. 258 of 2019, pending in the Court of learned Additional Sessions Judge 2nd -cum- Special Judge, Excise Act, Begusarai. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T