Bhagya Narain Sahni @ Bhagy Narayan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54885 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -SAHIYARA District- SITAMARHI ====================================================== Bhagya Narain Sahni @ Bhagy Narayan Sahani S/o Late Rajendra Sahani, R/o Vill.- Shital Patti @ Shahpur, Shitalpatti, Ward No. 3, P.S.- Sahiyara, Distt.- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Sri Pranav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 272, 273 of the Indian Penal Code and 30 (A) of the Bihar Prohibition and Excise Act, 2016.

Petitioner's counsel submits that the petitioner is a man of clean antecedent. Drawing attention of this Court towards the allegation made in the FIR he submits that merely on the basis of statement made by co-accused Mukesh Sahani from whose possession 81 liters of Nepali sufi wine has been recovered, petitioner has been implicated in this case. No recovery whatsoever has been made from the instant petitioner. He is in custody since 26.06.2018.

Considering the aforesaid submissions of the

Patna High Court Cr.Misc. No.54885 of 2018 (2) dt.07-09-2018 2/2 petitioner's counsel, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of I/C Additional District Judge -II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sahiyara P.S. Case No. 85 of 2018 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U