Jitu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26567 of 2021 Arising Out of PS. Case No.-56 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== JITU SAHANI SON OF JAGU SAHANI R/O VILLAGE- RAMNAGARA, P.S- SUPPI, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code, section 27 of the Arms Act and sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., on information having been received, a raid was conducted. While the accused persons managed to escape, 117 litres of nepali liquor was recovered. It is stated that on enquiry from the Chowkidar, the name of the three accused persons including the petitioner herein transpired. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case because

Patna High Court CR. MISC. No.26567 of 2021(2) dt.17-08-2021 2/2 of his antecedent. The petitioner is in custody since 27.12.2020 and investigation in the case has concluded.

It is further submitted by learned counsel for the petitioner that father of the petitioner died on 12.8.2021. Heard 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 having remained in custody for more than 7 months, the Court directs the petitioner to be enlarged on bail in connection with Suppi P.S. Case no.56 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 Additional District and Sessions Judge II-cum-Special Judge, Excise Act, Sitamarhi.

(Partha Sarthy, J) Saurabh/- U T