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Patna High CourtCR. MISC./10524/2023allowed

Ram Prasad Sahni v. The State Of Bihar

2023-04-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10524 of 2023 Arising Out of PS. Case No.-321 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== 1.

RAM PRASAD SAHNI Son of Late Ramdev Sahni R/v- Minapur Balha Tola, Shitalpatti, P.S.- Piprahi, District- Sheohar 2.

SANICHARI DEVI Wife of Ram Prasad Sahni R/v- Minapur Balha Tola, Shitalpatti, P.S.- Piprahi, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners prayed for regular bail in connection with Piprahi P.S. Case no. 321 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution story, in brief, is that the police party reached at house of the petitioners after getting secret information about illicit liquor was hidden in their house and arrested both the petitioners. Upon search, 276.9 liters country made liquor was recovered semi constructed house of petitioner no.1.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They has falsely been implicated in this present

Patna High Court CR. MISC. No.10524 of 2023(2) dt.19-04-2023 2/2 case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioners have no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from their possession. It is further submitted that the petitioner no.1 suffering from TB and petitioner no.2 is a lady and they are languishing in judicial custody since 21.12.2022.

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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Piprahi P.S. Case No. 321 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Sheohar.

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