Sohan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31936 of 2021 Arising Out of PS. Case No.-38 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== SOHAN SAHNI S/o Ganesh Sahni Resident of Village- Janki Nagar, P.S.- Majorganj, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr. Aditya Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in connection with Majorganj P.S. Case No. 38 of 2020 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act 2016.

The allegation as per the First Information Report is that Police on the basis of secret information intercepted a tempo and upon seeing Police party the persons sitting in the tempo fled away however, Police recovered a total quantity of 259.50 liters of illicit liquor from the said tempo. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of information received from the villagers by the Police during the

Patna High Court CR. MISC. No.31936 of 2021(2) dt.14-12-2021 2/2 course of investigation and he has not been arrested on spot along with illicit liquor kept on the tempo. Learned counsel referring to paragraph 9 of the bail application submits that tempo in question does not belong to the petitioner and the petitioner has been remanded in this case from another case on 25/01/2021 and since then he is in custody and charge sheet has already been submitted.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is not the owner of the tempo, he is in custody since 25/01/2021 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge, Excise Act, Sitamarhi in connection with Majorganj P.S. Case No. 38 of 2020.

praful/- (Anil Kumar Sinha, J) U T