Patna High CourtCR. MISC./13066/2023allowed

Dinesh Sahni v. The State Of Bihar

2023-05-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13066 of 2023 Arising Out of PS. Case No.-228 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== Dinesh Sahni Son Of Ramchandra Sahani R/O Vill.- Piprahipunarwas, P.S.- Purnahiya, Distt.- Sitamarhi, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== 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) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 661.8 litres of Nepali liquor from the bank of Bagmati 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 alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed by local chowkidar. Neither the petitioner was arrested on spot nor any incriminating article

Patna High Court CR. MISC. No.13066 of 2023(2) dt.09-05-2023 2/2 has been recovered from his conscious possession. He is languishing in judicial custody since 11.11.2022. 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 Exclusive Special Excise Court 1, Sitamarhi in connection with Suppi P.S. Case No. 228 of 2021.

(Sunil Kumar Panwar, J) Nirajkrs/- U T