Umesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36399 of 2021 Arising Out of PS. Case No.-158 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== UMESH SAHNI Son of Garbhu Sahni Resident of Village - Dhobauli Lakhmi, P.S.- Gaighat, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Mr. Binod Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Gaighat P.S. Case No. 158 of 2021 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code 1860, Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

A total quantity of 2.5 litres of illicit country made liquor along with 30 litres of fermented Mahua and jaggery were recovered from a ditch near the bathroom of the petitioner. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.36399 of 2021(2) dt.06-01-2022 2/2 motive. He further submits that the petitioner is in custody since 15.4.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 15.4.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Gaighat P.S. Case No. 158 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T