Patna High CourtCR. MISC./10850/2024bail granted

Kundan Sahani v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10850 of 2024 Arising Out of PS. Case No.-141 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== Kundan Sahani Son of Brijmohan Sahni @ Braj Mohan Sahni R/o vill - Bajitpur Bambaiya, ward no. 10, P.S. - Bibhutipur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hasanpur P.S. Case No. 141 of 2022 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2022.

3. As per prosecution case, the police as recovered 158.400 liter foreign liquor from the Bolero Pick-up vehicle bearing Registration No. BR-31G-9691.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing

Patna High Court CR. MISC. No.10850 of 2024(2) dt.22-02-2024 2/3 incriminating has been recovered from the conscious possession of the petitioner. The petitioner was not arrested from the place of occurrence. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation. The petitioner is not the owner of the alleged vehicle and has no concern with the alleged seized liquor or the vehicle. The petitioner has five criminal antecedents as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 16.12.2023. Charge-sheet has been submitted in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.10850 of 2024(2) dt.22-02-2024 3/3 satisfaction of Court below/concerned Court in connection with Hasanpur P.S. Case No. 141 of 2022.

(Rudra Prakash Mishra, J) rishi/- U T