Dharmendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4106 of 2024 Arising Out of PS. Case No.-189 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.

Dharmendra Sahni Son Of Upendra Sahni @ Upendra Sahani Resident Of Village - Masoomnagar, Police Station - Chakmehsi, District - Samastipur 2.

Chandan Pandit @ Chandan Pandith Son Of Lakshman Pandit @ Lakshmn Pandith Resident Of Village - Belsandi, Police Station - Chakmehsi, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Chakmehsi P.S. Case No. 189 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 85.500 liters of country made liquor from a motorcycle and the petitioners were arrested by the police on spot. Learned counsel for the petitioners submits that the petitioner is innocent and has committed no offence. They have falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.4106 of 2024(2) dt.07-02-2024 2/3 nothing incriminating has been recovered from the conscious possession of the petitioners and they have no concern with the seized illicit liquor. Moreover, they are languishing in judicial custody since 17.10.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioners have been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioners are directed to deposit a sum of Rs. 5,000/- (Rs. Five Thousand) each of them in the District Legal Services Authority of the concerned District. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Chakmehsi P.S. Case No. 189 of 2023 each of them on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-I, Samastipur.

The bail bonds of the petitioners shall be accepted by the learned lower Court below on showing the receipt of deposit

Patna High Court CR. MISC. No.4106 of 2024(2) dt.07-02-2024 3/3 of Rs. 5,000/- (Rs. Five Thousand) each by both the petitioners in the account of concerned DLSA.

(Sunil Kumar Panwar, J) Shubham/- U T