Arjun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9516 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Arjun Sahni S/O Late Lopat Sahni @ Ram Shoshit Sahni R/O VillageGodiyari, P.S- Bakhri, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arjun Prasad, Advocate.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bakhri P.S Case No. 111 of 2023 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. As per allegation in the FIR, total 253.05 litres of illicit foreign liquor recovered from the courtyard of the co-accused Arjun Sahni.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. No incriminating article has been made from the conscious possession of the petitioner. It is next submitted that the seizure list is not been prepared in accordance with law.

Patna High Court CR. MISC. No.9516 of 2024(2) dt.19-02-2024 2/2 There is no independent witness of the alleged seizure. He further submits that similarly situated co-accused has already been granted bail by the Co-ordinate Bench of this Court vide order dated 01.08.2023 passed in Cr. Misc. No. 38126 of 2023. It is also submitted that petitioner is in judicial custody since 03.01.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned Exclusive Special Judge Excise Court No.-II, Begusarai in connection with Bakhri P.S Case No. 111 of 2023.

(Ramesh Chand Malviya, J) Nilmani/- U T