Sone Lal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29801 of 2023 Arising Out of PS. Case No.-363 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== SONE LAL SAHNI SON OF MOHIT SAHANI @ MOHITLAL SAHNI R/O 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, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Lalganj P.S. Case No.363 of 2019 dated 13.10.2019 registered for the offence(s) punishable under Section(s) 414 of the Indian Penal Code and Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 60 litres of illicit country-made liquor from three different places, petitioner was not arrested from either of these places and co-accused person namely Ranjeet Kumar Sah, who was arrested at one of the spot of recoveries, disclosed the names of this petitioner as well as several other

Patna High Court CR. MISC. No.29801 of 2023(2) dt.18-05-2023 2/3 co-accused persons, out of them many co-accused persons namely Manjeet Rai, Shivchandra Kumar, Panchi Lal Rai and Bacha Rai @ Amirit Ray have been granted anticipatory bail by different Benches of this Court vide orders passed in Cr. Misc. Nos.86434 of 2019, 12838 of 2021 and 35712 of 2021 respectively and other co-accused persons namely Ranjeet Kumar Sah, Ashok Ram and Ashok Rai have been granted regular bail by different Benches of this Court vide orders passed in Cr. Misc. Nos.79997 of 2019, 80321 of 2019 and 20179 of 2021.

Further submissions are that the petitioner has been dragged in this case mainly on the basis of the disclosure made by the arrested co-accused who made the said statementcum-disclosure due to enmity having with this petitioner who was not arrested at the spot of recoveries.

Patna High Court CR. MISC. No.29801 of 2023(2) dt.18-05-2023 3/3 languishing in jail since 27.02.2023.

4.

Per contra, learned APP appearing for the State has vehemently opposed the prayer for bail. 5.

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, I deem it fit and proper to admit the petitioner to the privilege of bail.

6.

Accordingly, let the petitioner named-above be enlarged on bail in connection with Lalganj P.S. Case No.363 of 2019 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T