Jagdev Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41056 of 2021 Arising Out of PS. Case No.-197 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== JAGDEV SAHANI Son of Late Nirdhan Sahani Resident of Village- Dedaul, P.S.- Sakara, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise case no. 197 of 2021 instituted for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 40 liters of illicit liquor kept in the premises of 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 is languishing in custody since 16.04.2021.

Per contra, the learned A.P.P. for the State has

Patna High Court CR. MISC. No.41056 of 2021(2) dt.14-12-2021 2/2 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 parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise Act, Muzaffarpur in connection with Excise PS case no. 197 of 2021.

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