Gambhir Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24313 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Gambhir Sahani S/O- Late Ganga Sahani Village-Hanuman Nagar PsRajepur Dist- E.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Rajepur P.S. Case No. 183 of 2022 dated 11.10.2022 registered for the offences punishable under Sections 272 and 273 of IPC and Section 30(a) of Bihar Prohibition and Excise Act. 3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 35 litres of illicit country-made liquor and as per prosecution, the same is alleged to have been recovered from petitioner's house, but in actual the alleged liquor was recovered from the road in front of the petitioner's house and the same has been wrongly shown as having been recovered from the petitioner's house and the petitioner and his wife have been dragged in this case

Patna High Court CR. MISC. No.24313 of 2023(2) dt.15-05-2023 2/2 mainly on account of petitioner's long criminal antecedent. Further submission is that the petitioner has been languishing in jail since 23.01.2023, and against him the investigation has been completed.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the completion of investigation against the petitioner, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail, after framing of charge, if the same has not been framed, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Rajepur P.S. Case No. 183 of 2022. (Shailendra Singh, J) Shahnawaz/- U T