Sunil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37651 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Sunil Sahani S/O Naresh Sahni R/O Village-Kubauli, P.S-Parro, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard.

The petitioner seeks regular bail in connection with Parro P.S. Case No. 16 of 2021 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 30 liters of illicit liquor from a Diara area (open space) and the name of the petitioner has transpired in the present case upon disclosure made by the village Chowkidar.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 4.2.2021. The learned counsel for the petitioner has further submitted that the place from where the illicit liquor has been recovered is an open space and does not belong to the

Patna High Court CR. MISC. No.37651 of 2021(2) dt.14-12-2021 2/2 petitioner.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the illicit liquor has been recovered from an open place and the petitioner is languishing in custody since 4.2.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Parro P.S. Case No. 16 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U