Motilal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35344 of 2021 Arising Out of PS. Case No.-68 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== MOTILAL SAHNI Son of Mahendra Sahni Resident of Village - Morsandi, P.S. - Motipur, Distt. - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Advocate 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 A.P.P. for the State.

The petitioner seeks regular bail in connection with Motipur P.S. Case No. 68 of 2021 for the offence registered under Sections 30(a), 34(b) and 36 of the Bihar Excise & Prohibition Act, 2016.

The allegation is regarding recovery of 30 litres of illicit liquor from the possession of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 02.03.2021. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.35344 of 2021(2) dt.13-12-2021 2/2 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 herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No. 68 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T