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Patna High CourtCR. MISC./14324/2023allowed

Ravi Sahani v. The State Of Bihar

2023-04-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14324 of 2023 Arising Out of PS. Case No.-289 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Ravi Sahani S/O Mr. Ramjatan Sahani Resident Of Village- Charkoriya, P.S.- Kudhani (Turki Op), District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(ii), 38(ii), 41(i) of the Bihar Prohibition and Excise Act and Section 272, 273, 414/34 of the Indian Penal Code. Prosecution case relates to recovery of 1652.400 litres of I.M.F.L. from a tractor and a car.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern either with the alleged recovery, place of recovery or with the vehicles in question. The name of the petitioner has been disclosed in this case on the basis of secret information. Neither the

Patna High Court CR. MISC. No.14324 of 2023(2) dt.26-04-2023 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 3.12.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. II, Muzaffarpur in connection with Saraiya P.S. Case No. 289 of 2019.

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