Sakaldeo Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41802 of 2021 Arising Out of PS. Case No.-371 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Sakaldeo Sahani Son of Ram Chandra Sahani Resident of Village - Salempur, P.S. - Lalganj, District - Vaishali.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Lalganj P.S. Case No. 371 of 2020, disclosing offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018. It is alleged in the F.I.R. that on a secret information in respect of the persons named in the F.I.R., that they were engaged in manufacture of illegal country made liquor and sale, a raid was conducted whereupon huge quantity of illicit liquor was recovered by the police. The petitioner has been named in the F.I.R. He is in custody since 07.02.2021. On perusal of the First Information Report, I find force in submission advanced on behalf of the petitioner that

Patna High Court CR. MISC. No.41802 of 2021(2) dt.03-01-2022 2/2 except the secret information about the petitioner's involvement in manufacture and sale of illicit liquor, there is no specific allegation against him. The petitioner was not present at the place of the seizure of the illicit liquor.

Learned counsel for the petitioner has submitted that at least two of the persons named in the F.I.R., similarly situated, namely, Satrudhan Sahni and Ramadhar Sahni have been allowed privilege of Anticipatory Bail by this Court. Considering the facts and circumstances, particularly the petitioner's period of incarceration and release of similarly circumstanced co-accused persons on Anticipatory Bail, in my opinion, a case for grant of Regular Bail is made out. This application is accordingly allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount, each to the satisfaction of learned Additional Sessions Judge-II-cum Excise Court, Vaishali at Hajipur in Lalganj P.S. Case No. 371 of 2020. (Chakradhari Sharan Singh, J) K.K.RAO/- U T