Mahesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30603 of 2021 Arising out of PS. Case No.-142 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

MAHESH SAHANI Son of Late Ramji Sahni Resident of Village - Dedaul, P.S. - Sakra, District - Muzaffarpur.

2.

Sanjay Sahani @ Raj Son of Late Satrudhan Sahni Resident of Village - Dedaul, P.S. - Sakra, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel appearing for the petitioners and learned A.P.P. appearing for the State.

The petitioners seek regular bail in connection with Sakra P.S. Case No. 142 of 2021 for the offence punishable under Sections 30(a), 34, 33, 35 and 36 of the Bihar Prohibition & Excise Act.

The allegation is regarding recovery of small quantity of illicit liquor, Salmak tablet and small quantity of jaggery from the petitioners.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and they are

Patna High Court CR. MISC. No.30603 of 2021(2) dt.09-12-2021 2/2 languishing in custody since 03.03.2021.

Per contra, the learned APP appearing 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 petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail upon them furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. Case No. 142 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T