Budhan Sahni @ Budhan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32865 of 2020 Arising Out of PS. Case No.-123 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== BUDHAN SAHNI @ BUDHAN SAHANI S/o Sukdev Sahni @ Surjdev Sahni R/o Village- Balua Tola, P.S.- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai, Adv.

For the Opposite Party/s :

Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Jadopur P.S. Case No. 123 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a secret information having been received, a raid was conducted and five persons including the petitioner herein were seen unloading illicit liquor. The accused persons including the petitioner herein managed to escape on a boat. A total of 316 litres of illicit liquor was recovered.

It is submitted by learned counsel for the petitioner that he has no knowledge about the recovery of illicit liquor nor

Patna High Court CR. MISC. No.32865 of 2020(2) dt.08-12-2020 2/2 was he present at the place of occurrence. He has been falsely implicated by the local Chowkidar. He is in custody since 3.3.2020 and investigation in the case has concluded. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner was not arrested at the spot and is in custody since 3.3.2020, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jadopur P.S. Case No. 123 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Gopalganj. (Partha Sarthy, J) sushma/- U T