Guddu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14188 of 2024 Arising Out of PS. Case No.-458 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Guddu Sahni son of Faujdari Sahni Village- Sandalpur Ps- Bahadurpur DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bahadurpur P.S. Case no.458 of 2023 registered for the offence under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 50 litre of illicit liquor from Sandalpur Pachior i.e. an open place. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not arrest on spot. It is submitted that recovery of alleged illicit liquor was

Patna High Court CR. MISC. No.14188 of 2024(2) dt.29-02-2024 2/3 not made from conscious physical possession of the petitioner rather the same was recovered from an open place. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is in custody since 14.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Bahadurpur P.S. Case no.458 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City, Patna.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.14188 of 2024(2) dt.29-02-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T