Vijay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2468 of 2023 Arising Out of PS. Case No.-277 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== VIJAY SAHNI S/O PRABHU SAHNI Resident of village- Ratnauli, P.S.- Maniyari, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023 1.

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

2.

Petitioner seeks regular bail in connection with Maniyari P.S. Case No.277 of 2022 dated 24.08.2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that co-accused Shiv Shankar Shani is stated to have been arrested at the spot but the petitioner was not apprehended at the spot and his name surfaced in the statement of the said co-accused and the instant matter relates to a recovery of 32.400 litres of foreign liquor and the petitioner has been languishing in jail since 16.10.2022 and against him there is a criminal antecedent of one case in which

Patna High Court CR. MISC. No.2468 of 2023(2) dt.26-04-2023 2/2 he is on bail.

4.

Learned APP appearing for the State has opposed the bail prayer.

5.

Considering the above submissions and mainly the fact that the petitioner's name surfaced in the statement of co-accused Shiv Shankar Shani who was arrested at the spot and against the petitioner the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Maniyari P.S. Case No.277 of 2022.

(Shailendra Singh, J) sangam/- U T