Laxman Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36342 of 2021 Arising Out of PS. Case No.-706 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== LAXMAN SAHNI Son of Late Thakur Sahni Resident of Village - Selara Laskariya, P.S. Jainagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

Mr.Ravi Prakash, Adv.

Mr. Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Jainagar P.S. Case No. 706/2018, registered for the offence punishable under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 120 liters of illicit liquor from a cycle and a motorcycle. It is further alleged that during the course of investigation, it has transpired that the motorcycle in question belongs to one Laxman

Patna High Court CR. MISC. No.36342 of 2021(2) dt.14-12-2021 2/3 Pandit, who had sold it in favour of the petitioner by swearing an affidavit before the notary public. 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 28.02.2021.

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 fact that the motorcycle has not yet been registered in the name of the petitioner and the petitioner is languishing in custody since 28.2.2021, 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

Patna High Court CR. MISC. No.36342 of 2021(2) dt.14-12-2021 3/3 two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Jainagar P.S.Case No. 706/2018. (Mohit Kumar Shah, J) Ajay/- U T