Lakhindra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4704 of 2023 Arising Out of PS. Case No.-5 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== LAKHINDRA SAHANI S/O GANGA SAHANI R/v- Banparuwa, P.S.- Dumariyaghat, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 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 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 15 liters illicit country made liquor from bank of Pokhra at village Banparua.

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 or with the place of occurrence. Nothing incriminating

Patna High Court CR. MISC. No.4704 of 2023(2) dt.06-04-2023 2/2 article has been recovered from conscious possession of th petitioner rather his name has been disclosed in this case by local Chaukidar. Moreover, the petitioner is languishing in judicial custody since 16.11.2022.

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 Dumariyaghat P.S. Case No. 5 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.2, East Champaran at Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T