Laxman Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32553 of 2021 Arising Out of PS. Case No.-405 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== LAXMAN SAHNI Son of Naval Sahni Resident of Village - Salempur, P.S. - Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

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

The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 405 of 2019, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 200

Patna High Court CR. MISC. No.32553 of 2021(2) dt.10-12-2021 2/3 liters of illicit liquor from a maruti gypsy vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 27.1.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 11 of the present petition that the petitioner is not the owner of the vehicle in question and the person arrested has already been granted bail by this Court.

Per contra, the learned APP 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 petitioner and taking into account the materials available on record as also considering the fact that the petitioner is not the owner of the vehicle in question and he is languishing in custody since 27.1.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.32553 of 2021(2) dt.10-12-2021 3/3 Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Excise Court, Vaishali at Hajipur in connection with Lalganj P.S.Case No. 405 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T