Bhola Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12516 of 2023 Arising Out of PS. Case No.-1071 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== BHOLA SAHNI Son of Late Laxmi Sahni R/o Ram Babu Colony, Gur Ki Mandi, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishna Jha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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) and 56 (b) of the Bihar Prohibition and Excise Amendment Act.

Prosecution case relates to recovery of 200 litres country made mahua liquor from a scooty and co-accused Satish Kumar, who was driving the scooty was apprehended on spot and he disclosed the name of the petitioner as the pillion rider, who managed to escape.

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 alleged recovery. The name

Patna High Court CR. MISC. No.12516 of 2023(2) dt.09-05-2023 2/2 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. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Apprehended coaccused Satish Kumar has already been enlarged on bail by this Court vide order dated 1.5.2023 passed in Cr. Misc. No. 73554 of 2022. He is languishing in judicial custody since 12.12.2022. Learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner is habitual offender as three cases of excise act is pending against him.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Spl. Judge Excise, Patna in connection with Patna Excise P.S. Case No. 1071 of 2022.

(Sunil Kumar Panwar, J) subham/- U