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Patna High CourtCR. MISC./17574/2023allowed

Bikash Sahni @ Vikash Sahni v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17574 of 2023 Arising Out of PS. Case No.-1219 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Bikash Sahni @ Vikash Sahni S/O Shambhu Sahni Resident Of VillageMajhariya, P.S- Raghunathpur, Distt.- East Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273, 308/34 of the Indian Penal Code and Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act. The prosecution case in nutshell is that during the course of patrolling, informant received secret information that petitioner was about to come on motorcycle loaded with liquor. On seeing police

Patna High Court CR. MISC. No.17574 of 2023(2) dt.12-05-2023 2/3 personnel, one person fled away on motorcycle and petitioner fell down from it with a bag. On search 120 litres of country made liquor has been recovered from two bags.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner has no concern either with the aforesaid motorcycle or with the seized liquor. Moreover, the petitioner is languishing in judicial custody since 20.12.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.17574 of 2023(2) dt.12-05-2023 3/3 of the learned Exclusive Special Excise Court NO. 1, East Champaran, Motihari in connection with Turkauliya (Raghunatpur) P.S. Case No. 1219 of 2022.

(Sunil Kumar Panwar, J) Nirajkrs/- U T