Lakhindra Sahni @ Lakhendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11736 of 2022 Arising Out of PS. Case No.-547 Year-2021 Thana- BANKA District- Banka ====================================================== Lakhindra Sahni @ Lakhendra Sahani Son of Biro Sahni Resident of VillageBaraheta, P.S.- Sarairanjan, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Banka (Barahat) P.S. Case No. 547 of 2021 corresponding to Special Excise Case No. 510 of 2021, registered for the offence punishable punishable under Section 30(a)/32(2) of the Bihar Prohibition and Excise Act, 2018.

711 litres of foreign liquor has been recovered from a pick-up van of which this petitioner was driver. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment and has got no concern with the seized liquor. Petitioner is in custody since 10.07.2021 having no criminal

Patna High Court CR. MISC. No.11736 of 2022(2) dt.29-04-2022 2/2 antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II-cum-Special Judge (Excise Act), Banka in connection with Banka (Barahat) P.S. Case No. 547 of 2021. (Prabhat Kumar Singh, J) vinita/- U T