Patna High CourtCR. MISC./11996/2024bail granted

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

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11996 of 2024 Arising Out of PS. Case No.-811 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Vijay Sahni @ Vijay Kumar Sahni @ Khutta Son Of Ram Swarup Sahni Resident Of Village- Patel Nagar, Ps- Alamganj, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 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.811 of 2021 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that there is recovery of 50 liters 'Mahua' beneath the pond.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner next submits that nothing has been recovered from the possession of the petitioner and the petitioner has no concern with the liquor. Learned counsel for the petitioner further submits that petitioner is a poor person and sole bread earner of his family. Learned

Patna High Court CR. MISC. No.11996 of 2024(2) dt.23-02-2024 2/2 counsel next submit that petitioner is in custody since 09.01.2024. Lastly submits that there is non-compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the entire facts and circumstance of the case and taking into account the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Alamganj P.S. Case No.811 of 2021.

(Rudra Prakash Mishra, J) Prakash Narayan U T