Ghugali Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3260 of 2023 Arising Out of PS. Case No.-59 Year-2022 Thana- BHANGHA District- West Champaran ====================================================== GHUGALI SAHANI S/o Jiut Sahani R/v- Pachrola, P.S.- Bhangaha, DistrictWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Shailendra 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 regular bail in a case registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation, there has been recovery of 90 litres of illegal liquor.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He submitted that nothing was recovered from the conscious possession of the petitioner. He further submitted that the seizure list has not been prepared as per the provisions of Section 100 of the Cr.P.C., as no

Patna High Court CR. MISC. No.3260 of 2023(2) dt.03-04-2023 2/2 signature of independent witness found on it. He further submitted that the petitioner is a man of means and has never been indulged in liquor business. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. The petitioner is languishing in judicial custody since 12.09.2022. Learned APP appearing for the state has opposed the prayer of regular 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 released on bail in connection with Bhangha P.S. Case No. 59 of 2022 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 Judge, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Arish/- Sushma/- U T