Lallan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75251 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== Lallan Sahni S/o Ram Bindeshwar Sahni, Resident of Village- Shivaji Nagar, P.S. Darbhanga Town, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the State :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2018 Heard both sides.

Petitioner seeks bail in Darbhanga Town P.S. Case No.35 of 2018 registered under Sections 401, 272, 273,201 and 414 of the Indian Penal Code and under Sections 30(A), 36 and 41 of the Bihar Prohibition and Excise Act, 2016. The police apprehended Maruti Alto and Pick-up Van from which huge quantity of liquor was recovered. Seven persons were arrested. Dinesh Sahni disclosed that the consignment of liquor was brought by Lallan Sahni and Shamsher.

Learned counsel for the petitioner submits that petitioner's name figured in the case in the statement of Dinesh Sahni but nothing has been recovered from possession of the petitioner. The entire liquor was recovered from possession of

Patna High Court Cr.Misc. No.75251 of 2018(2) dt.17-12-2018 2/2 Dinesh Sahni and six others who started fleeing away at the time of unloading the liquor from Pick-up Van. Petitioner is in jail since 07.08.2018. Petitioner has already remained in jail for more than four months.

Having considered the facts that the name of the petitioner figured in the case on the disclosure made by the coaccused who was apprehended on the spot but nothing has been recovered from possession of the petitioner for that the petitioner has remained in jail for more than four months, petitioner, above named, is directed to 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 the learned A.D.J.-IV-cum-Special Judge, Excise Act, Darbhanga in connection with Darbhanga Town P.S. Case No.35 of 2018. (Prabhat Kumar Jha, J) S.KUMAR/- U T