Patna High CourtCR. MISC./22144/2021bail granted

Dashrath Sahni v. The State Of Bihar

2021-09-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22144 of 2021 Arising Out of PS. Case No.-322 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== DASHRATH SAHNI Son of Jhapas Sahni Resident of Village - Majkothwa, P.S.- Majorganj, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Binod Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case about 518 litres of liquor was recovered from Sajan Kumar and Saroj Kumar in a tempo. It is further stated that they disclosed that the petitioner was accompanying them as a liner on a separate vehicle. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. There is no material against him except the statement of a coaccused made before police. The petitioner is in custody since

Patna High Court CR. MISC. No.22144 of 2021(2) dt.20-09-2021 2/2 31.10.2020 and charge sheet has been submitted in the case. The cause of false implication of the petitioner is his antecedent, which is not under the Bihar Prohibition and Excise Act, 2016. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the allegations in the FIR and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Riga P.S. Case no. 322 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge, Excise Act, Sitamarhi.

(Partha Sarthy, J) Prakash/- U