Rakesh Sahni @ Rakesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9874 of 2023 Arising Out of PS. Case No.-57 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== RAKESH SAHNI @ RAKESH SAHANI S/O JANAKDEO SAHANI R/vMehwa, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act.

The prosecution story, in brief, is that the police party reached the house of the petitioner after getting secret information about manufacturing of illicit liquor, then the petitioner flee away after seeing them. Upon search, 200 liters of semi prepared liquor was seized which was destroyed at the place of occurrence.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case.

Patna High Court CR. MISC. No.9874 of 2023(2) dt.18-04-2023 2/2 Petitioner has no concern with the alleged recovery of illicit liquor. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name was disclosed by the local chaukidar. Moreover, the petitioner is languishing in judicial custody since 6.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sugauli P.S. Case No. 57 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.I, East Champaran at Motihari.

(Sunil Kumar Panwar, J) Amandeep/- U T