Patna High CourtCR. MISC./38356/2023bail granted

Dasai Sahni @ Dasai Chaudhary v. The State Of Bihar

2023-07-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38356 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== DASAI SAHNI @ DASAI CHAUDHARY Son of Late Amin Sahani Resident of village - Hathiyahi, P.S. - Pipra Kothi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raki Alam, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-07-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Pipra Kothi P.S. Case no.232 of 2022 registered under sections 272, 273, 308 and 34 of the Indian Penal Code and sections 30(a), 32, 36, 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on an information being received that some people were selling liquor, a search was conducted and it is stated that altogether 50 litres of country liquor was recovered. The villagers identified the petitioner who was fleeing away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The petitioner has not been arrested at the spot and he is in custody since

Patna High Court CR. MISC. No.38356 of 2023(2) dt.07-07-2023 2/2 22.2.2023. Chargesheet has been submitted in the case.

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

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the petitioner not having been arrested at the spot, his name having transpired at the instance of the villagers, his having remained in custody since 22.2.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Pipra Kothi P.S. Case no.232 of 2022 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 Exclusive Special Excise Court No.1, Civil Court, East Champaran at Motihari.

(Partha Sarthy, J) Saurabh/- U T