Patna High CourtCR. MISC./3092/2023allowed

Sanjeet Sahani v. The State Of Bihar

2023-04-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3092 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== SANJEET SAHANI S/O JAMUNA SAHANI Resident of village- Gorigawa, P.S.- Sugauli, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 60 litres of country made liquor which was kept hidden behind the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the local chaukidar before the police, which has got no evidentiary value in the eye of law. Neither the

Patna High Court CR. MISC. No.3092 of 2023(2) dt.03-04-2023 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 26.11.2022. Learned APP appearing for State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Civil Court, East Champaran, Motihari in connection with Sugauli P.S. Case No. 342 of 2022.

(Sunil Kumar Panwar, J) sushma/- U