Patna High CourtCR. MISC./14992/2020bail granted

Sudhir Sahni v. The State Of Bihar

2020-07-09Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14992 of 2020 Arising Out of PS. Case No.-334 Year-2019 Thana- RIGA District- Sitamarhi ============================================== SUDHIR SAHNI Son of Bijali Sahni Resident of Village - Pakri, P.S.- Riga, District- Sitamarhi ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-07-2020 Heard Mr. Pushpendra Kumar Singh, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Riga P.S. Case No. 334 of 2019 dated 07.12.2019 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It appears from the First Information Report that from the orchard of one Ram Chandra Sahni 1080.00 litres of Nepali liquor was recovered. One person who was arrested has disclosed the names of petitioner and others, who ran away on seeing the police party.

Patna High Court CR. MISC. No.14992 of 2020(2) dt.09-07-2020 2/2 Learned counsel for the petitioner submits that he ha clean antecedents and has falsely been named by the arrested accused person. At best, the only material against the petitioner is confession of an arrested accused person. Considering the aforesaid facts, it has been urged on behalf of the petitioner that no case under the Excise Act is made out against him.

Regard being had to the aforesaid grounds, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IIcum-Special Judge, Excise Act, Sitamarhi in connection with Riga P.S. Case No. 334 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T