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Patna High CourtCR. MISC./25307/2023allowed

Upendra Sahni v. The State Of Bihar

2023-04-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25307 of 2023 Arising Out of PS. Case No.-76 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Upendra Sahni Son Of Late Hulas Sahni R/O Village- Khanjapur, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

Though prayer for regular bail of the petitioner was earlier allowed by this Court vide order dated 17.09.2021 passed in Cr. Misc. No. 39982 of 2021 but due to non-appearance before the learned court below on the date fixed, his bail bond has been cancelled.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has been taken in custody on the basis of NBW issued by the learned court for misuse of bail. He further submits that the petitioner will never misuse the bail in future.

Patna High Court CR. MISC. No.25307 of 2023(2) dt.19-04-2023 2/2 Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the statement made in para-8 of the bail application, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise P.S. Case No. 76 of 2021.

(Anjani Kumar Sharan, J) devendra/- U T