Indal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35759 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- MADHWAPUR District- Madhubani ====================================================== INDAL SAHNI SON OF SRI CHANDU SAHNI RESIDENT OF BRAHAMPURI, P.S. - MADHWAPUR, DISTRICT - MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Madhwapur P.S. Case No. 26 of 2020, registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

The allegation is regarding recovery of 105 liters of illicit country made saufi wine from a motorcycle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.35759 of 2020(2) dt.19-01-2021 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 07.07.2020. The learned counsel for the petitioner has further submitted that the petitioner has neither been arrested from the spot nor the motorcycle in question from which illicit wine has been recovered belongs to the petitioner, as has been stated in paragraph no. 11 of the present petition.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the motorcycle in question from which illicit wine is stated to have been recovered does not belong to the petitioner and the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is

Patna High Court CR. MISC. No.35759 of 2020(2) dt.19-01-2021 3/3 directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Madhwapur P.S. Case No. 26 of 2020, corresponding to G.R.No. 561 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T