Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25543 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== RAJESH SAHANI SON OF LATE GANESH SAHANI RESIDENT OF VILLAGE- TRIMUHAN, WARD NO. 18, PS- KAMTAUL, DISTTDARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ugranath Mallik, Advocate For the Opposite Party/s :

Mr. Nityanand, 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 Benipatti P.S. Case No.34 of 2023 dated 18.02.2023 registered for the offence(s) punishable under Section(s) 272, 273 and 34 of the Indian Penal Code and Section(s) 30(a)of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 87.84 litres of illicit liquor and the same is stated to have been recovered from a car and a motorcycle and the petitioner has been shown as being arrested from the said car, in fact the petitioner was present in the said

Patna High Court CR. MISC. No.25543 of 2023(2) dt.15-05-2023 2/2 vehicle as a passenger having no knowledge of the alleged wine and he has fair and clean antecedent and the vehicle's driver managed to escape and petitioner has no concern with the recovery allegedly made from the motorcycle and he has been languishing in jail since 19.02.2023 and the alleged wine was not recovered from his conscious possession.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Benipatti P.S. Case No.34 of 2023 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T