Sikindra Sahani @ Sikandar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9823 of 2020 Arising Out of PS. Case No.-567 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Sikindra Sahani @ Sikandar Sahani, S/o Ram Babu Sahani, Resident of Village-Dharpar, P.S-Meenapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Punam Shrivastava For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Meenapur (Muzaffarpur) P.S. Case No. 567 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(A)/38(i)/41(1) of the Bihar Excise Act. The accusation is of recovery of 120 bottles each containing 375 ml Indian made foreign liquor, 150 empty bottles and 135 litres spirit from the banana orchard behind the house of the petitioner.

Learned counsel for the petitioner submits that it would appear from the FIR that the alleged seized country made liquors, empty bottles and spirit were not recovered from the

Patna High Court CR. MISC. No.9823 of 2020(2) dt.28-02-2020 2/2 house of the petitioner rather the same were recovered from the banana orchard behind the house of the petitioner. In fact, petitioner is accused in Meenapur (Muzaffarpur) P.S. Case No.352 of 2019, similar nature of that case due to that reason, petitioner has been implicated in the present case. Further submission is that in the present case, petitioner is in custody since 10.01.2020.

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 Meenapur (Muzaffarpur) P.S. Case No. 567 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T