Ram Babu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31531 of 2021 Arising Out of PS. Case No.-627 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== RAM BABU SAHNI S/o Late Devki Sahni Resident of Village- Dharpur, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Punam Shrivastava, Adv.

For the Opposite Party/s :

Md. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Md. Zainul Abedin, the learned APP for the State. The petitioner seeks regular bail in connection with Minapur (Muzaffarpur) PS case no. 627 of 2019 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and 30(a), 38(i), 41(i) of Bihar Prohibition and Excise Act, 2018. The allegation is regarding the police having received secret information that illicit liquor was being stored at the alleged place of occurrence, whereafter, they had arrived at the field of one Nagina Sahni and had found 50 liters of spirit as also other articles. The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.31531 of 2021(2) dt.10-12-2021 2/2 the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 06.02.2021. The learned counsel for the petitioner has further submitted that neither the illicit liquor/ spirit has been recovered from the conscious possession of the petitioner nor the field in question, belongs to the petitioner. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise, Muzaffarpur in connection with Minapur (Muzaffarpur) PS case no. 627 of 2019. (Mohit Kumar Shah, J) rinkee/- U T