Babunath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30870 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- PARSA District- Saran ====================================================== Babunath Sahani, Son Of Shivpujan Sahani R/O-Baligaon, P.S.-PARSA, Distt.-SARAN ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shrinath Manjhi For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 125 litre of liquor from an open space. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of villagers, but the F.I.R. does not record the name of the villagers, which creates doubt with regard to the veracity of the allegation as alleged in the F.I.R.

Patna High Court CR. MISC. No.30870 of 2023(2) dt.19-05-2023 2/2 and even the alleged recovery is from a place, which is accessible to public at large and does not belong to the petitioner.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Parsa P. S. Case No.148 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T