Tuntun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6764 of 2019 Arising Out of PS. Case No.-358 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== TUNTUN SAHNI, Son of Late Rajendra Sahni, Resident of VillageBachhauli Sona, P.S.-Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Excise Case No.358 of 2018 instituted for the offence under Section(s) 30(a) (c) of Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that recovery of liquor has been made from open space and not from conscious possession of the petitioner.

It is alleged that 22 litres country made liquor has been recovered from open space.

Petitioner is in custody since 11.12.2018 having clean antecedents.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.6764 of 2019(2) dt.06-02-2019 2/2 the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the ADJ III cum Special Judge, Excise Act, Samastipur, in connection with Excise Case No.358 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T