Nawal Choudhary @ Nawal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33671 of 2021 Arising Out of PS. Case No.-288 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== NAWAL CHOUDHARY @ NAWAL SAHNI Son of Sushil Sahni Resident of Village- Benipatti hospital Chowk, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivam For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Pupri P.S. Case No. 288/2018, registered for the offence punishable under Sections 414 of the Indian Penal Code and Sections 30(a), 37(b)(c), 38, 41 of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 192.45 liters of illicit liquor from a scorpio vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case.

Patna High Court CR. MISC. No.33671 of 2021(2) dt.13-12-2021 2/3 The learned counsel for the petitioner has further submitted that after the petitioner was arrested in one another case on 29.12.2020, he has been remanded in the present case on 8.1.2021, hence, it is apparent that the petitioner was not arrested from the spot and he has got nothing to do with the alleged incident. Per contra, the learned APP 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 petitioner 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 direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged 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 learned Additional District & Session

Patna High Court CR. MISC. No.33671 of 2021(2) dt.13-12-2021 3/3 Judge II cum Special Judge (Excise), Sitamarhi in connection with Pupri P.S. Case No. 288/2018. (Mohit Kumar Shah, J) Ajay/- U T