Patna High CourtCR. MISC./9943/2024bail granted

Vijay Sahni @ Vijay Kumar Sahni @ Khutta v. The State Of Bihar

2024-02-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9943 of 2024 Arising Out of PS. Case No.-1199 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== VIJAY SAHNI @ VIJAY KUMAR SAHNI @ KHUTTA Son of Ramswarup Sahni Resident of Mohalla-Patel Colony Sandalpur, P.S.-Alamganj, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakib Ayaz, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Alamganj P.S. Case No. 1199 of 2023 instituted for the offences punishable under Sections 30(a), 36 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 100 litres of country-made mahua liquor was recovered from the plastic bag kept in front of the house of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.9943 of 2024(2) dt.20-02-2024 2/2 with the alleged recovery of liquor as the recovery has been made from an open place. The petitioner is in custody since 31.12.2023 and has five criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alamganj P.S. Case No. 1199 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T