Ram Janam Sahni @ Ram Janam Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34130 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -KALYANPUR District- SAMASTIPUR ====================================================== RAM JANAM SAHNI @ RAM JANAM CHOUDHARY, Son of Damri Sahni, Resident of Village- Bhagirathpur, P.S.- Kalyanpur, DistrictSamastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Choudhary For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

25.92 litres of foreign liquor is said to have been recovered from the maize field of one Raja Sahni and the petitioner managed to escape from the place of occurrence seeing the police party.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.34130 of 2018 (3) dt.20-06-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. The place of recovery is open place. He has been falsely implicated in the case at the instance of his enemies. He has no criminal antecedent. He has been languishing in custody since 23.03.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. Sessions Judge cum Special Excise Judge, Samastipur in connection with Kalyanpur P.S. Case No. 41 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T