Allowed

Bikesh Sahni @ Bikesh Sahani @ Vikesh Sahni v. The State of Bihar

Patna HC24 Apr 2023CR. MISC./8913/2023

Case brief

AI extract

What is this about?

Anticipatory bail application in a case where 25 litres of country liquor was allegedly recovered from the petitioner's motorcycle under IPC and Bihar Excise Act sections. Court noted nothing was recovered from his conscious possession and granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail granted; release on arrest or surrender within four weeks on Rs. 10,000 bond with two like sureties, subject to Section 438(2) CrPC conditions.

Bikesh Sahni @ Bikesh Sahani @ Vikesh Sahni Vs The State of… — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8913 of 2023

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Arising Out of PS. Case No.-529 Year-2022 Thana- SUGAULI District- East Champaran

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

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Bikesh Sahni @ Bikesh Sahani @ Vikesh Sahni Son Of Rajendra Sahani R/VMehawa P.S- Sugauli, Dist- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Ms. Asha Devi, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 24-04-2023

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Heard Mr. Dhannjay Kumar No. 2, learned counsel

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appearing on behalf of the petitioner and Ms. Asha Devi, learned APP appearing on behalf of State.

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The petitioner apprehends his pre-arrest in connection with Sugauli P.S. Case No. 529 of 2022 registered under Sections 272, 273/34, 414 of the Indian Penal Code and Section 30(A) and 41(i) of the Bihar Prohibition and Excise Act, 2018.

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The prosecution story, in brief, is that 25 litres of country made liquor has been recovered from the dikki of the motorcycle of the petitioner.

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Learned counsel appearing on behalf of the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has clean antecedent he has falsely

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Patna High Court CR. MISC. No.8913 of 2023(2) dt.24-04-2023 2/2

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been implicated in the present case.

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Learned APP has vehemently opposed the prayer

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for grant of bail to the petitioner.

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Considering the fact that 25 litres of country made liquor has been recovered from the motorcycle and nothing has been recovered from the conscious possession of the petitioner, the Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Special Excise Court No. 1, East Champaran, Motihari in connection with Sugauli P.S. Case No. 529 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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(Purnendu Singh, J)

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minu/-

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Bikesh Sahni @ Bikesh Sahani @ Vikesh Sahni v. The State of Bihar

Case brief

What is this about?

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Bikesh Sahni @ Bikesh Sahani @ Vikesh Sahni v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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