Anil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23474 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Anil Sahani Son Of Nami Sahani Village- Belwatia Ps- Sugauli Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Nautan P.S. Case No. 40 of 2023 dated 02.02.2023 registered for the offences punishable under Section 414 of IPC and Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 13.05 litres of illicit liquor and the said liquor as well as the motorcycle is stated to have been recovered from the possession of this petitioner but in actual the petitioner had no connection with the said motorcycle and the alleged liquor and he has fair and clean antecedent and against him the investigation has been completed and he has been languishing in jail since 03.02.2023

Patna High Court CR. MISC. No.23474 of 2023(3) dt.15-05-2023 2/2 and the alleged offence of Section 414 of IPC is not made out against him and he has been made accused due to misunderstanding by police.

4.

Learned APP for the State opposes the bail prayer of the petitioner and submits that from the possession of this petitioner not only liquor but stolen motorcycle was also recovered and he does not deserve to the privilege of bail.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him as well as his young age, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Nautan P.S. Case No. 40 of 2023. (Shailendra Singh, J) Shahnawaz/- U T