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Patna High CourtCR. MISC./19568/2023bail granted

Vikky Kumar Sahni v. The State Of Bihar

2023-05-09Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19568 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== 1.

Vikky Kumar Sahni S/O Domu Sahani Resident of Village- Ketuka Barioul, P.S.- Mabbi, O.P. District- Darbhanga.

2.

Manoj Sahni S/O Vishwanath Sahani Resident of Village- Karza Barioul, P.S.- Mabbi, O.P. District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023 1.

Heard learned counsel for the petitioners and the learned APP for the State.

2.

Petitioners seek regular bail in connection with Saharghat P.S. Case No. 12 of 2023 dated 29.01.2023 registered for the offences punishable under Sections 279, 337, 338, 272, 273, 353 and 34 of IPC and Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioners are that the instant matter relates to the recovery of 90 litres of country made Nepali wine and the same is stated to have been recovered from two sacks kept on a motorcycle and as per allegation the petitioners were riding on the said motorcycle and on interception by the police party they fell

Patna High Court CR. MISC. No.19568 of 2023(2) dt.09-05-2023 2/2 down and sustained injuries but the petitioners have no concern with the seized wine and the same was falsely shown as being recovered from the possession of the petitioners, though against the petitioners there is criminal antecedent of one case but they are on bail in the said case and in the present matter they have been languishing in jail since 30.01.2023 and against them the investigation has been completed.

4.

Learned APP for the State opposes the bail prayer of the petitioners.

5.

Considering the above submissions and mainly young age of petitioners and the completion of investigation against them, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned Court in connection with Saharghat P.S. Case No. 12 of 2023.

(Shailendra Singh, J) Shahnawaz/- U T