Suresh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37706 of 2021 Arising Out of PS. Case No.-196 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== SURESH SAHANI Son of Lalbabu Sashani Resident of Village- Babhangawa East, P.S.- Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh- Advocate For the Opposite Party/s :

Mr. Amitesh Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Muzaffarpur Excise Case No.196 of 2021 arising out of P.R. No.01 dated 15.04.2021, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. The learned counsel for the petitioner submits that the petitioner is in custody since 16.04.2021 and prosecution report has been submitted in the case.

Allegation is of recovery of 32 litres of country-made liquor along with utensils, gas cylinder, machine used for preparing liquor from a hut. It is alleged that on seeing the police, two persons started fleeing out of which, one person was

Patna High Court CR. MISC. No.37706 of 2021(2) dt.08-12-2021 2/2 apprehended, who disclosed his name as Suresh Sahani (petitioner).

The learned counsel for the petitioner submits that the said hut does not belong to the petitioner and on seeing the police, by way of normal reaction, he was trying to move from the place where he was sitting and he came to be apprehended. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 16.04.2021 and prosecution report has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Muzaffarpur Excise Case No.196 of 2021 arising out of P. R. No.01 dated 15.04.2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T