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Patna High CourtCR. MISC./3245/2025bail granted

Suresh Sahani v. The State Of Bihar

2025-01-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3245 of 2025 Arising Out of PS. Case No.-432 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Suresh Sahani Son of Munnilal Sahani @ Munni Sahani R/V- Siswa Kharar, P.S.- Kalyanpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kalyanpur PS Case No. 432 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 100 litres of country made liquor was recovered from the house of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of the petitioner

Patna High Court CR. MISC. No.3245 of 2025(2) dt.28-01-2025 2/2 where the other family members also reside. The petitioner is in custody since 17.12.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur PS Case No. 432 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T