Jitu Sahni @ Jitendra Sahni And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7126 of 2018 Arising Out of PS.Case No. -443 Year- 2017 Thana -MAJORGANJ District- SITAMARHI ======================================================
1. Jitu Sahni @ Jitendra Sahni, S/o Jagu Sahni,
2. Binod Sahni S/o Basu Sahni, Both R/o Village- Ramnagar, PostGamharia, P.s.- Majorgunj, District- Sitamarhi. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Mejorgunj P.S. Case No.443/2017 (G.R. No.1835 of 2017) registered under Sections 272, 273 of Indian Penal Code and Sections 30(A) of Bihar Prohibition and Excise Act, 2016.
46.5 liters of Nepali liquor is said to have been recovered from the bags of the petitioners duped by them in sugarcane field.
It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have been
Patna High Court Cr.Misc. No.7126 of 2018 (2) dt.12-02-2018 2/2 falsely implicated in this case due to dirty village politics and land dispute. The petitioners were neither apprehended on the spot nor anything has been recovered from their conscious possession. The petitioners have got no concern with the seized liquor. They have been languishing in custody since 22.11.2017. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Sitamarhi, in connection with Mejorgunj P.S. Case No.443/2017 (G.R. No.1835 of 2017).
(Prakash Chandra Jaiswal, J) Amit/- U T