GORAKH SAHANI v. THE STATE OF BIHAR

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Anil Kumar Mr. Rana Randhir Singh 2 23-12-2022 Heard the parties through virtual court proceedings. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018. Altogether 267.750 litres of foreign liquor is said to have been recovered from a bush. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of secret information. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession.

He has no concern either with the seized liquor or any trade of liquor. He Patna High Court CR. MISC. No.71480 of 2022(2) dt.23-12-2022 further submits that the said illicit liquor has been recovered from a bush of diyara i.e. in open place and in open field and petitioner has no concern with it. Petitioner has four criminal antecedent, as also mentioned in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs.50,000.00/- (Rupees Fifty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five 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 Hajipur Sadar P.S. Case No.849 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to Patna High Court CR. MISC. No.71480 of 2022(2) dt.23-12-2022 inform the Court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.50,000.00/- (Rupees Fifty Thousand) in the Patna High Court Legal Services Committee. shikha/- U T (Anjani Kumar Sharan, J)