Patna High CourtCR. MISC./32775/2024bail granted

Mohan Sahni v. The State Of Bihar

2024-05-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32775 of 2024 Arising Out of PS. Case No.-8 Year-2022 Thana- TARAIYA District- Saran ====================================================== Mohan Sahni Son Of Jaglal Sahni Resident Of Village - Baniya Hasanpur, P.S. - Taraiya, District - Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Taraiya P.S. Case No. 08 of 2022, instituted for the offences punishable under Sections 30(a), 35, 34 and 36 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 30 liters spirit was recovered from bush.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of spirit. It is further submitted that the alleged recovery has been made from an open

Patna High Court CR. MISC. No.32775 of 2024(2) dt.01-05-2024 2/2 place which is easily accessible to everyone. Name of the petitioner has transpired on the basis of disclosure made by local chowkidar. The petitioner is in custody since 04.03.2024 and has got two criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Taraiya P.S. Case No. 08 of 2022.

(Rudra Prakash Mishra, J) Rajorshi/- U T