Chunnu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25140 of 2021 Arising Out of PS. Case No.-867 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Chunnu Sahni Son of Jagarnath Sahni R/O Mohalla- Sikandarpur, Behind Shamshan Ghat, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Town P.S. Case no. 867 of 2020 registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on secret information having been received, raid was conducted and it is stated that a total of 50 litres of country liquor was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that this case was mentioned for urgent out of turn hearing on

Patna High Court CR. MISC. No.25140 of 2021(2) dt.22-07-2021 2/2 the ground that the wife of the petitioner was suffering from mouth cancer has been referred to and needs urgent treatment at Sardar Patel Post Graduate Institute of Dental College, Lucknow.

On merits learned counsel for the petitioner submitted that no incriminating article has been recovered from his person or possession. He has been falsely implicated in the case. He has no criminal antecedent. He is in custody since 31.12.2020 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Town P.S. Case no. 867 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur.

Bibhash (Partha Sarthy, J) U T