Bikau Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33651 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- PIYAR District- Muzaffarpur ====================================================== BIKAU SAHANI Son of Kishori Sahani Resident of Village - Hatha Mallah toli, P.S.- Piyar, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Piyar P.S. Case No. 34 of 2021, registered for the offence punishable under Sections 272/273 of the Indian Penal Code and Section 30(a)(k) of the Bihar Excise and Prohibition Act, 2016.

The allegation is regarding recovery of 10 liters of illicit liquor from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.33651 of 2021(2) dt.13-12-2021 2/2 having a clean antecedent and he is languishing in custody since 6.3.2021.

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 period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

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 Special Judge, Excise, Muzaffarpur in connection with Piyar (Hatha O.P.) P.S. Case No. 34 of 2021.

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