Pankaj Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25865 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== 1.

PANKAJ KUMAR SAHNI SON OF KARI SAHNI RESIDENT OF VILLAGE- MAHAMMADPUR, PS- BIBHUTIPUR, DISTTSAMASTIPUR 2.

AVHINASH KUMAR @ AVINASH KUMAR SON OF TEJ NARAYAN SAHNI RESIDENT OF VILLAGE- MOHAMMADPUR, PSBIBHUTIPUR, DISTT- SAMSTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Gautam, Advocate For the Opposite Party/s :

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

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

2.

Petitioners seek regular bail in connection with Teghra P.S. Case No.01 of 2023 dated 01.01.2023 registered for the offence(s) punishable under Section(s) 30(a), 32 (1)(2), 36 and 41(1)(2) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioners are that the instant matter relates to the recovery of 1018.650 litres of foreign liquor and the same is stated to have been recovered from a truck, though the petitioners were found in the said truck at the time of

Patna High Court CR. MISC. No.25865 of 2023(2) dt.15-05-2023 2/2 recovery but in actual they were present in the said vehicle as driver and co-driver and they had no knowledge about the alleged wine and they were discharging their duty as per the instruction of the vehicle's owner and the alleged wine was not recovered from their conscious possession and vehicle's owner is some other person namely Deepak Singh whose details is mentioned in the FIR itself and both the petitioners have been languishing in jail since 01.01.2023 and against them there is criminal antecedent of one case in which they are on bail and against them investigation has been completed. 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the completion of investigation against the petitioners and their profession, as stated above, in my opinion it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be enlarged on bail in connection with Teghra P.S. Case No.01 of 2023 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T