Anand Sahni @ Anandi Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37911 of 2022 Arising Out of PS. Case No.-119 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== ANAND SAHNI @ ANANDI SAHNI Son of Sundar Sahani Resident of village- Belwa Narkatiya , P.S.- Piprahi, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Piprahi P.S. Case No. 119 of 2019 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 17.11.2021.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 31.500 litres of IMFL/country made liquor from an open area.

Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced in present case on the basis of disclosure made by apprehended co-accused Sanjay Kumar. It is also submitted that the recovery of illicit

Patna High Court CR. MISC. No.37911 of 2022(2) dt.20-08-2022 2/2 liquor was made from the roadside area and admittedly, it is not from the conscious physical possession of the petitioner. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that recovery of illicit liquor is from the roadside area, as per seizure list.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor cannot be said to be made from conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Piprahi P.S. Case No. 119 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 Additional Session Judge-II-cum-Special Judge, (Excise Act), Sheohar/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T