Dilip Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24036 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Dilip Kumar Sahni Son of Jitan Kumar Sahni Resident of Village- Enerwa, Ward No. 08, Police Station- Khujari, District- Dhanusha (Nepal) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Jaynagar P.S. Case No. 31 of 2024, corresponding to G.R. No. 83 of 2024, instituted for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 144 liters liquor was recovered from the bag of the petitioner and the petitioner was apprehended on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.24036 of 2024(2) dt.01-04-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner was a passerby of the place of occurrence. The petitioner is in custody since 23.01.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaynagar P.S. Case No. 31 of 2024, corresponding to G.R. No. 83 of 2024. (Rudra Prakash Mishra, J) Rajorshi/- U T