Tripurari Sahni @ Nanhaki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13637 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== TRIPURARI SAHNI @ NANHAKI SON OF BHARAT SAHNI R/O VILLAGE- BENIPATTI, P.S.- BENIPATTI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Ms.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Benipatti Police Station Case No. 160 of 2021, registered for the offence punishable under Sections 272/273/34 of the Indian Penal Code and Sections 30 (a)/41/44 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, on the basis of secret information, raided the house of co-accused Lila Devi and on seeing the police party, accused persons started fleeing away, however, coaccused Lila Devi was arrested by the police and 279.750 litres of illicit liquor was recovered from the house of co-accused Lila Devi.

Patna High Court CR. MISC. No.13637 of 2022(2) dt.26-05-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He further submits that the name of the petitioner has been disclosed by co-accused Lila Devi and no illicit liquor has been recovered from the conscious possession of the petitioner and/or premises belonging to him. He further submits that the petitioner is in custody since 24.01.2022 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from the conscious possession and/or premises belonging to the petitioner, charge sheet has already been submitted and the petitioner is in custody since 24.01.2022, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.13637 of 2022(2) dt.26-05-2022 3/3 satisfaction of learned Special Judge, Excise, Madhubani, in connection with Benipatti Police Station Case No. 160 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √