Dinesh Sahani @ Lolaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9956 of 2020 Arising Out of PS. Case No.-266 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== DINESH SAHANI @ LOLAHA S/o Late Makhan Sahani R/o villageKhannagura @ Khangura Dih, Parti Tola (Sitawar), P.S.- Katra, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Katra P.S. Case No.266 of 2019 registered under Sections 272 and 273 of the Indian Penal Code besides Sections 30(a) and 38(i) of the Bihar Excise Amendment Act, 2016.

The accusation is that on receiving secret information about storing the illicit liquor in village-Khangura Dih Parti Tola (Sitawar), the informant along with other police personnel reached there. On seeing the police party, all persons succeeded to flee away from there. While they were tried to be apprehended but taking the advantage of the water and mud, they succeeded to flee away. The local Chowkidar, at that time,

Patna High Court CR. MISC. No.9956 of 2020(2) dt.29-02-2020 2/2 disclosed the name of 7 persons including the petitioner. On search, behind the house of Aklu Sahani, situated in the field of Lalbabu Jha, 96 bottles, each containing 375 ml., and 760 bottles, each containing 180 ml., Indian Made Foreign Liquor, were recovered.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has no criminal antecedent and was not apprehended on the spot. Due to dirty village politics, the name of the petitioner has been disclosed by the local Chowkidar. The petitioner is in custody since 26.11.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur, in connection with Katra P.S. Case No.266 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T