Rahul Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41622 of 2021 Arising Out of PS. Case No.-461 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== RAHUL SAHNI Son of Shri Binod Shani @ Binod Sahni Resident of Village - Jayanti Pur, P.S. - Bahera, District - Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with G.O. Case No. 1462 of 2020 arising out of Bahera P.S.Case No. 461 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 432 liters of illicit nepali liquor from the veranda of the house of the father of the petitioner, namely, Binod Sahni.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.41622 of 2021(2) dt.15-12-2021 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 12.6.2021. The learned counsel for the petitioner has further submitted that the father of the petitioner has already been granted bail by a coordinate Bench of this Court.

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, 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 IInd Additional Session

Patna High Court CR. MISC. No.41622 of 2021(2) dt.15-12-2021 3/3 Judge cum Special Judge (Excise), Darbhanga in connection with G.O. case No. 1462 of 2020 arising out of Bahera P.S.Case No. 461 of 2020.

(Mohit Kumar Shah, J) Ajay/- U