Patna High CourtCR. MISC./3252/2023allowed

Rakesh Sahni @ Rakesh Sahani v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3252 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== RAKESH SAHNI @ RAKESH SAHANI S/o Janakdeo Sahani R/o VillageMehwa, P.S.- Sugauli, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 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, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 40 liters country made liquor from house of the petitioner namely, Rakesh Sahni.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor and the place of recovery is joint house. Neither the

Patna High Court CR. MISC. No.3252 of 2023(2) dt.04-04-2023 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the seizure list has not been prepared according to the law. Moreover, the petitioner is languishing in judicial custody since 2311.2022.

Learned APP appearing for the State has vehemently 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 released on bail in connection with Sugauli P.S. Case No. 342 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 Exclusive Special Excise Court No.1 East Champaran at Motihari.

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