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Patna High CourtCR. MISC./10448/2023allowed

Chandan Sahani @ Chandan Sahni v. The State Of Bihar

2023-05-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10448 of 2023 Arising Out of PS. Case No.-250 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== Chandan Sahani @ Chandan Sahni Son Of Jitu Sahni Resident Of VillageIzra, P.S.- Rahika, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 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 272, 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

The protection case relates to recovery of total 69 liters liquor which was recovered from a motorcycle. It is further alleged that petitioner was not apprehended on the spot after that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.10448 of 2023(2) dt.04-05-2023 2/2 concern with the alleged recovery nor vehicle in question belongs to him. He has got no criminal antecedent. It is further submitted that the petitioner was not arrested on the spot moreover, he is languishing in judicial custody since 17.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rahika P.S. Case No. 250 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 Additional Sessions Judge-II-cum-Special Judge Excise Act, Madhubani.

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