Mukesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29509 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== Mukesh Sahni Son Of Yogendra @ Yogi Sahni Resident of Village - Usgahi, P.S. - Deodha, District - Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Adv.
For the Opposite Party/s :
Mr. Suresh Pd. Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Kaluahi P.S. Case No. 58 of 2023 dated 23.03.2023 registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 360 litres of country made Nepali Saurabh Soffee liquor and the same is stated to have been recovered from a car (Maruti Suzuki) and as per the allegation, two persons sitting in the said car at the time of
Patna High Court CR. MISC. No.29509 of 2023(2) dt.18-05-2023 2/3 raid made an attempt to flee but on chase one of them was apprehended by the police and the said person is stated to be the petitioner but in actual, the petitioner has falsely been roped in this case and he has been arrested on suspicion and the alleged liquor was not recovered from his conscious possession and he has fair and clean antecedent. Further submissions are that the petitioner is a young person and against him, the investigation has been completed and as per the FIR, the alleged seized car and liquor belong to other co-accused namely Vijay Sahni and the petitioner has no concern with the seized vehicle and liquor.
4. Per Contra, the learned APP for the State has vehemently opposed the prayer for bail.
5. 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 and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.
6. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten
Patna High Court CR. MISC. No.29509 of 2023(2) dt.18-05-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Kaluahi P.S. Case No. 58 of 2023.
(Shailendra Singh, J) annu/- U T