Patna High CourtCR. MISC./33946/2021bail granted

Birendra Sahani v. The State Of Bihar

2021-12-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33946 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- PURNAHYA District- Sheohar ====================================================== 1.

BIRENDRA SAHANI Son of Bindeshwar Sahni Resident of VillageDevapur, P.S.- Patahi, District- East Champaran, Motihari 2.

Vikas Sahani Son of Akhindra Sahni @ Akhindra Sahani Resident of Village- Devapur, P.S.- Patahi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra- Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard the learned Advocate for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Purnahiya P. S. Case No.70 of 2020, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The learned counsel for the petitioners submits that the petitioners are in custody since 06.01.2021 and charge-sheet has been submitted in this case.

Allegation is of recovery of 468 litres of Nepali liquor from a bush and the petitioners are alleged to have kept that liquor in the bush.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.33946 of 2021(2) dt.01-12-2021 2/2 petitioners have been falsely implicated in this case and they have no concern with the alleged liquor. Petitioners were not apprehended from the place where the alleged liquor was recovered.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioners are in custody since 06.01.2021 and charge-sheet has been submitted in this case, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise, Sheohar in connection with Purnahiya P. S. Case No.70 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T