Arun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36276 of 2020 Arising Out of PS. Case No.-354 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Arun Sahani, aged about 35 years, Gender-Male, son of Janak Sahni, Resident of Village- Parmanandpur Bujurg, P.S.- Mahua, District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Apurva Kumar, Advocate For the Opposite Party :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Mahua P.S. Case No. 354 of 2020, for the offence under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

In the instant case total 171 litres of foreign liquor was seized.

Learned counsel appearing on behalf of the petitioner submits that nothing was recovered from conscious possession of this petitioner. Petitioner is in custody since 09.09.2020. Considering the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.36276 of 2020(2) dt.29-01-2021 2/2 antecedent and he is in custody since 09.09.2020, the Court is inclined to grant bail to the petitioner 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 Additional Sessions Judge-II-cumExcise Court, Vaishali at Hajipur in connection with Mahua P.S. Case No. 354 of 2020.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Mahua P.S. Case No. 354 of 2020. (Anil Kumar Upadhyay, J) BT/- U T