Manish Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23922 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== MANISH SAHNI Son of Ramashray Sahni Resident of Village-Mungraha, Janki Rai Ka Tola, P.S.-Manjhagarh, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2020 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Manjhagarh P.S. Case No. 14 of 2020 registered for the offences punishable under Sections 30(a), 41 and 45 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that the Police on the basis of secret information proceeded towards the Place of occurrence and arrested two persons who disclosed their names as Ramakant Sahani and Sandesh Kumar Sahani. On search, a total quantity of 494 litres of illicit liquor has been recovered from the place

Patna High Court CR. MISC. No.23922 of 2020(2) dt.17-09-2020 2/3 of occurrence. The apprehended accused persons disclosed the name of petitioner who managed to flee away.

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 on the basis of statement made by the arrested co-accused persons. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner and he is in custody since 15.6.2020 having clean antecedent. Learned counsel also submits that arrested co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 29.02.2020 passed in Cr. Misc.10025 of 2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that the petitioner has got no criminal antecedent and arrested co-accused persons have been granted bail, 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.

Patna High Court CR. MISC. No.23922 of 2020(2) dt.17-09-2020 3/3 Manjhagarh P.S. Case No. 14 of 2020.

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

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