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Patna High CourtCR. MISC./7280/2025bail granted

Ravi Sahni v. The State Of Bihar

2025-02-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7280 of 2025 Arising Out of PS. Case No.-1001 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Ravi Sahni S/o Late Dasai Sahni R/o vill - Pokhra, Mohalla Gudri Bazar, P.s.- Hajipur Town, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Hajipur Town P.S. Case No. 1001 of 2023 lodged on 12.12.2023, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 45 litres of illicit liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that no recovery has been made from the petitioner's possession, rather, the said recovery of illicit liquor has been made from a bicycle which does not belongs to the petitioner. Counsel submits that under a conspiracy, petitioner's name has been inserted in this case at the instance of the police. Counsel

Patna High Court CR. MISC. No.7280 of 2025(2) dt.19-02-2025 2/2 further submits that criminal antecedent of the petitioner is not clean as there is one case pending against him in which he is on bail, but the said case is not registered under Excise Act.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner's antecedent is not clean as there is one case pending against him, but the said case is not registered under Excise Act.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today as well as on being satisfied by the Trial Court that the petitioner is not absconding in Bhagwanpur P.S. Case No.45 of 2015, and on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Court No.1-cum-Additional District & Sessions Judge, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 1001 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T