Govind Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34218 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== GOVIND SAHNI Son of Laxman Sahni Resident of Village - Dakrawan, P.S. - Hathauri, District - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-01-2022 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Anurag Singh, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Hathauri P.S. Case No. 46 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is that a total quantity of 25 litres of illicit liquor has allegedly been recovered from the hutment of the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that the petitioner is

Patna High Court CR. MISC. No.34218 of 2021(2) dt.03-01-2022 2/2 neither the owner of the hutment nor involved in preparation or selling of the illicit liquor, and the hutment from where the illicit liquor was recovered, is situated in an open space accessible to all and sundry. He next submits that the petitioner is in custody since 22.2.2021 having no criminal antecedent. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 22.2.2021 having no criminal antecedent and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Hathauri P.S. Case No. 46 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T