Sunil Sahani @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25794 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sunil Sahani @ Sunil Kumar Son Of Baiju Sahani R/O Mohalla- Akharaghat, (Balughat) Ward No 15 P.S- Town (Sikandarpur O.P) Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 30 of 2021 dated 14.01.2021 instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code, Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the N.D.P.S. Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 15.01.2021, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that only 750 ml liquor has been recovered from the
Patna High Court CR. MISC. No.25794 of 2021(2) dt.22-11-2021 2/2 possession of the petitioner and as far as arms and ganja are concerned, the same has been recovered from other co-accused persons.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 15.01.2021, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent and the coaccused Amit Kumar and Rohit Kumar have been granted bail by this Court, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Ahiyapur P.S. Case No. 30 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T