Chandan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40578 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Chandan Sahani Son Of Shri Suresh Sahani@ Suresh Chaudhari VillageHathiyahi, Ps- Piprakothi, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Ranjan For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 308 and 37 of the I.P.C. & Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 68.3 litres of liquor out of which 10 litres of liquor is alleged to have been recovered from a place behind the house of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to
Patna High Court CR. MISC. No.40578 of 2024(2) dt.28-06-2024 2/2 public at large and he came to be implicated at the instance of local person but then the name of the person, who disclosed the name of the petitioner is not mentioned in the F.I.R., which casts an aspersion on the case of the prosecution. It is also submitted that petitioner is in custody since 27.02.2024.
4. Learned A.P.P. opposes the prayer for bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released 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 the learned trial court where the case is pending/successor court in connection with Piprakothi P.S. Case No.198/2023.
(Satyavrat Verma, J) amit/- U T