Patna High CourtCR. MISC./12175/2021bail granted

Sanjay Sahni v. The State Of Bihar

2021-08-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12175 of 2021 Arising Out of PS. Case No.-23 Year-2020 Thana- PUSA District- Samastipur ====================================================== SANJAY SAHNI S/o Late Bisheshwar Sahni R/o village- Masunagar, Chakmehsi, P.S.- Chakmehsi, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Renu Bala Sinha For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-08-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the parties.

This application for grant of regular bail arises out of Pusa P.S. Case No. 23 of 2020, disclosing offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The petitioner is in custody since 27.03.2020. Allegedly, the petitioner was in occupation of a Magic van. The police, during the course of raid had intercepted the said Magic van and Hundai car, leading to recovery of 821.760 liters of Indian made foreign liquor. The petitioner's application was earlier rejected by an order dated 03.07.2020 passed in Cr.

Patna High Court CR. MISC. No.12175 of 2021(2) dt.04-08-2021 2/2 Misc. No. 21404 of 2020 with an observation that the petitioner shall be at liberty to renew his prayer for bail after six months, if, in the meanwhile, there was no substantial progress in the trial.

Learned counsel for the petitioner has submitted that there is no substantial progress at the trial. Considering the petitioner's period of incarceration, nature of accusation and the observation made in the aforesaid order dated 03.07.2020 passed in Cr. Misc. No. 21404 of 2020, this application is allowed.

Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Samastipur in Pusa P.S. Case No. 23 of 2020.

(Chakradhari Sharan Singh, J) arun/- U