Niranjan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30583 of 2022 Arising Out of PS. Case No.-358 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Niranjan Sahani Son of Late Rajendra Sahni R/o Village - Haiwatpur Koriya, P.S.- Mufassil, District - Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Begusarai Mufassil P.S. Case No. 358 of 2020 registered for the offence under Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 14.01.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is

Patna High Court CR. MISC. No.30583 of 2022(2) dt.06-08-2022 2/3 recovery of 50 litres of IMFL/country made liquor from the open barandah of the house of the petitioner. Learned counsel appearing on behalf of the petitioner submitted that major recovery of illicit liquor was made from the open barandah of the house of the petitioner, which was accessible by other family members and by general public also and, as such, it cannot be said that illicit liquor was recovered from the conscious physical possession of the petitioner. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that recovery of illicit liquor was made from the house of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Begusarai, Mufassil P.S. Case No. 358 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.30583 of 2022(2) dt.06-08-2022 3/3 two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge-1, Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T