Shravan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41349 of 2021 Arising Out of PS. Case No.-371 Year-2020 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Shravan Sahani Son of Halkhori Sahani Resident of Village- Balughat, P.S.- L.N.M.U., Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with L.N.M.U. P.S. Case No. 371 of 2020/ G.O. Case No. 1427 of 2020, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of Nepali saufi wine 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 he is languishing in custody since 7.3.2021. The learned counsel for the petitioner

Patna High Court CR. MISC. No.41349 of 2021(2) dt.03-01-2022 2/2 has further submitted that the house in question is in joint possession of the petitioner and his family members. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein and the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged 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 learned A.D.J.-II cum Special Judge (Excise), Darbhanga in connection with L.N.M.U. P.S. Case No. 371 of 2020/ G.O. Case No. 1427 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T