Ravi Prakash Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7658 of 2024 Arising Out of PS. Case No.-239 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Ravi Prakash Sahni S/o Mahadev Sahni R/o Village/Mohalla - Bhatiyari Sarai, P.S. - town (Kotwali O.P.), Dist. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Udeshya Yadav, Advocate For the State :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Town (Kotwali, O.P.) P.S. Case No. 239 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3.

As per prosecution case, there is recovery of total 387 liters of illicit country made liquor from Honda Car bearing Registration No. DL3CAK9421.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-12-2023. Petitioner bears one criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.7658 of 2024(2) dt.16-02-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner has taken lift and was sitting in the vehicle in question. Petitioner has no concern with the alleged recovered liquor. In fact, seizure list is not prepared in accordance with law. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Town P.S. Case No. 239 of 2023.

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