Guddu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11448 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- PURNAHYA District- Sheohar ====================================================== GUDDU SAHNI Son of Avatar Sahni R/V- Piprahi Punarwas P.S- Purnahiya Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== 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 prayed for regular bail in connection with Purnahiya P.S. Case no. 191 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 131.7 liters of country made liquor from a motorcycle baring Registration no. BR06AO-5321. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.11448 of 2023(2) dt.04-05-2023 2/3 concern with the alleged recovery of illicit liquor and nothing incriminating article has been recovered from his possession. It is further submitted that the petitioner is languishing in judicial custody since 4.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner is said to be apprehended on spot with the said motorcycle on which the illicit liquor was kept.

The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Purnahiya P.S. Case No. 191 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 Exclusive Special Judge, Excise Court, Sheohar.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of

Patna High Court CR. MISC. No.11448 of 2023(2) dt.04-05-2023 3/3 the concerned District Legal Service Authority (DLSA). (Sunil Kumar Panwar, J) Amandeep/- U T