Sanjay Sahni @ Chalitar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10304 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== Sanjay Sahni @ Chalitar Sahni, aged about 68 years Male, Son of Late Babu Lal Sahni alias Kashee Sahni, Resident of Village Khagrah Ward no. 24, P.S. and District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 07.01.2019 in a case registered for the offences punishable under Sections 30(a) and 37(b) of Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the bag in possession of the petitioner, 17 litres of India made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious physical possession of the petitioner and only on the basis of suspicion the petitioner has been roped in the present case. A statement has been made

Patna High Court Cr.Misc. No.10304 of 2019(2) dt.21-02-2019 2/2 in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that recovery has been made from the possession of the petitioner. Considering the quantity of recovery and period under custody, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge Excise, Kishanganj in connection with Kishanganj P.S. Case No.16 of 2019.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T