Paachu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12698 of 2023 Arising Out of PS. Case No.-903 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Paachu Sahni S/O Jai Lal Sahni R/O Mohalla- Raja Ghat, Kedar Ghat, P.S.- Alamganj, District- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar Ambastha For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 36 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 14 litres of country made liquor from Rajaghat of Ganga River Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the
Patna High Court CR. MISC. No.12698 of 2023(2) dt.05-05-2023 2/3 alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. There is no independent witness of the alleged seizure. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 08.01.2023.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna City in
Patna High Court CR. MISC. No.12698 of 2023(2) dt.05-05-2023 3/3 connection with Alamganj P.S. Case No. 903 of 2022. (Sunil Kumar Panwar, J) Nirajkrs/- U T