Laxman Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29010 of 2021 Arising Out of PS. Case No.-318 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== LAXMAN SAHNI Son of Nawal Sahni Resident of Village - Salempur, P.S. - Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a), (d), (e) and (f), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 100 litres of liquor was recovered from the house of Vipul Kumar and he was taken into custody. It is further stated that he took the names of the other 15 accused persons including the petitioner herein as they also being involved in the trade of liquor.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case because of his antecedent. The only material against him is

Patna High Court CR. MISC. No.29010 of 2021(2) dt.06-12-2021 2/2 the statement of a co-accused made before police which is inadmissible. The petitioner is in custody since 27.1.2021 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of allegation and the petitioner having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with Lalganj P.S. Case no. 318 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 Sessions Judge II-cum-Excise Court, Vaishali at Hajipur.

(Partha Sarthy, J) Prakash/- U