Patna High CourtCR. MISC./38667/2020allowed

Mukesh Sahni v. The State Of Bihar

2021-02-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38667 of 2020 Arising Out of PS. Case No.-491 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Mukesh Sahni, Male, Aged about 32 years, Son of Late Naga Sahni Resident of Village - Bairiya, P.S.- Sahebganj, District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Ms.Vaishnavi Singh, Advocate For the Opposite Party :

Mr.Nirmal Kr. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Sahebganj P.S. Case No. 491 of 2019, for the offence under Sections 272, 273 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case total 528.810 litres of foreign liquor was seized and the said liquor kept in truck container. Learned counsel appearing on behalf of the petitioner submits that nothing was recovered from conscious possession of this petitioner and the petitioner was not arrested on the spot along with liquor. Neither petitioner is owner of the vehicle nor is driver of the vehicle carrying liquor. Petitioner is in custody since 17.08.2020.

Patna High Court CR. MISC. No.38667 of 2020(2) dt.08-02-2021 2/2 Considering the fact that nothing was recovered from conscious possession of the petitioner, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, above-named, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, Muzaffarpur in connection with Sahebganj P.S. Case No. 491 of 2019.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Sahebganj P.S. Case No. 491 of 2019. (Anil Kumar Upadhyay, J) BT/- U T