Mahesh Sahni @ Mahesh Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39501 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== MAHESH SAHNI @ MAHESH CHAUDHARI Son of Late Sita Ram Sahani @ Sita Ram Chaudhari Resident of village - Hathiyahi, P.S. - Piprakothi, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in connection with Piprakothi P.S. Case No. 18 of 2022 dated 19.1.2022 registered for the offence punishable u/s 30(b) of the Bihar Prohibition and Excise Act. As per the prosecution case, 2000 litres of 'paas' is alleged to have recovered from the bank of the Dhanauti river. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.39501 of 2023(2) dt.05-07-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The recovery is from an open place near the bank of the Dhanauti river. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 1.3.2023.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 18 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T