IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26848 of 2022

Arising Out of PS. Case No.-274 Year-2021 Thana- KATRA District- Muzaffarpur

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MUKESH SAHANI @ MUKESH KUMAR Son of Jai Narayan Sahani

Resident of Village - Tenwara, P.s.- Katra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Ms.Indira Kumari, Advocate

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2

11-08-2022

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case

registered for the offences punishable under Section 30(a) of the

Bihar Excise Act.

Learned counsel for the petitioner submits that the

petitioner is a person with clean antecedent and allegation is of

recovery of 180 liters of liquor from petitioner’s house.

Learned counsel for the petitioner submits that the

petitioner was not apprehended from the spot as such nothing

was recovered from his conscious possession, it is next submitted

that police in mechanical manner is falsely implicating persons

alleging that recovery of liquor is being made from their house

but the police does not even inquire whether the house is a joint

family property or not. Learned counsel next submitted that the

Patna High Court CR. MISC. No.26848 of 2022(2) dt.11-08-2022

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house from where the alleged recovery has been shown is a joint

family property as such it cannot be alleged that it was the

petitioner who was responsible for keeping the liquor in the

house, it is next submitted that petitioner’s name transpired based

on secret information which amply demonstrates that the

implication was false as it is very easy to implicate someone

based on secret information which is never disclosed.

Learned A.P.P. for the State opposes the prayer for

anticipatory bail of the petitioner.

Considering the submissions made by the learned

counsel for the petitioner, the petitioner above-named, in the

event of his arrest or surrender before the learned Court below

within a period of six weeks from today, be released on

anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees

Two Thousand) with two sureties of the like amount each to the

satisfaction of the learned court below where the case is

pending/successor court in connection with Katra P.S. Case No.

274 of 2021 subject to the conditions as laid down under Section

438 (2) of the Cr.P.C.

Rishi/-

(Satyavrat Verma, J)

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