Ramprit Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39280 of 2021 Arising Out of PS. Case No.-213 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAMPRIT SAHANI Son of Late Mahendra Sahani Resident of VillageLauhrakha, P.S.- Piyar, District- Muzaffarpur at present Mohalla- Akbarpur, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, APP For the Opposite Party/s :

Mr. Mukteshwar Deyal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 213 of 2021 for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 36 of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 45 liters of illicit liquor from the house of the petitioner. 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 20.03.2021. The learned counsel for the petitioner has further submitted that the house in question is in joint possession of the petitioner and his family members, hence

Patna High Court CR. MISC. No.39280 of 2021(2) dt.14-12-2021 2/2 the petitioner cannot be singled out.

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 house in question is in joint possession of the petitioner and his family members, 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 bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Ahiyapur P.S. Case No. 213 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T