Allowed

Bachchan Sahani v. The State of Bihar

Patna HC23 Feb 2022CR. MISC./15955/2021

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to the petitioner. The petitioner, charged under various sections of the IPC and the Bihar Prohibition and Excise Act for alleged liquor storage, was ordered to appear and surrender before the Special Judge, Excise, within twelve weeks while furnishing a bond of Rs. 10,000 with two sureties.

What did the court decide?

Anticipatory bail granted subject to surrender within twelve weeks and furnishing a bond of Rs. 10,000 with two sureties under Section 438 Cr.P.C.

Bachchan Sahani Vs The State of Bihar — Corruption | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15955 of 2021

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Arising Out of PS. Case No.-637 Year-2020 Thana- BANJARIA District- East Champaran

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======================================================

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BACHCHAN SAHANI S/o Ramchandra Sahani R/o village- Jhakhiya, Ward No. 9, P.S.- Banjariya, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dhurendra Kumar, Advocate For the Opposite Party/s : Mr.Madhuranand Jha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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4 23-02-2022

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Heard learned counsel for the petitioner and learned APP for the State.

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Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

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The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 353, 504, 272, 273, 427 of I.P.C. and Sections 30(a)(d), 37(b)(c) of the Bihar Prohibition and Excise Act, 2016 and Sections ¾ of Public Property Damage Act.

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The prosecution case, in short, is that 115 liters wine is recovered.

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It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged

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Patna High Court CR. MISC. No.15955 of 2021(4) dt.23-02-2022 2/2

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recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 115 liters wine is recovered from the joint house of the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

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Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Turkaliya (Banjariya) P.S. case No.637/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Narendra/-

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U T

Bachchan Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bachchan Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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