Jitendra Sahani @ Jitendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32085 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- MAHESI District- East Champaran ====================================================== JITENDRA SAHANI @ JITENDRA SAHNI, Son of Vishwanath Sahani, Resident of Village-Bara Baisaha (Baisahan), P.S.-Chakiya, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Mehsi P.S. Case No. 40 of 2023 dated 01.03.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 75 litres of country made liquor was recovered from the motorcycle which was being driven by the petitioner.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.32085 of 2023(2) dt.22-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner is not the owner of the seized motorcycle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in two other criminal cases and he is on bail in both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 02.03.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Mehsi P.S. Case No. 40 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T