Ramashish Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40119 of 2021 Arising Out of PS. Case No.-288 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== RAMASHISH SAHNI Son of Late Saryug Sahni Resident of Village - Muktidham Sikandarpur, P.S.- Town (Sikandarpur O.P.), District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Town Police Station Case No. 288 of 2021, registered for the offences punishable under Sections 272/273/34 of the Indian Penal Code and Sections 30 (a)/30(c)/34 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police recovered a total quantity of 09 litres of illicit country-made liquor from the hut of the petitioner and also recovered 80 litres of java gur kept beside the hutment of the petitioner.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40119 of 2021(2) dt.25-01-2022 2/3 petitioner has got no criminal antecedent and he has falsely been implicated in this case due to oblique motive. He further submits that only 09 litres of illicit country-made liquor has been recovered from the hutment of the petitioner, in which other family members of the petitioner also reside and the java gur has been recovered from beside the hutment of the petitioner. He further submits that the petitioner is in custody since 09.04.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted, and the petitioner is in custody since 09.04.2021 and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with

Patna High Court CR. MISC. No.40119 of 2021(2) dt.25-01-2022 3/3 Town Police Station Case No. 288 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √