Shambhu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47192 of 2021 Arising Out of PS. Case No.-101 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== SHAMBHU SAHNI S/o RAMKARAN SAHNI R/o VILLAGE-KEVATSA, P.S- GAIGHAT, DISTRICT- MUZZAFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273, 414 and 34 of the Indian Penal Code and sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on a raid being conducted 222 litres of liquor was recovered from the house of accused Ramanand Rai while the petitioner was identified as one of the thirteen named accused persons who managed to escape.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.47192 of 2021(2) dt.08-02-2022 2/2 The alleged recovery is from the house of coaccused Ramanand Rai. The petitioner is in custody since 14.3.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent and having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with Gaighat. P.S. Case no. 101 of 2021 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 Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Bibhash/- U