Surendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41164 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- BARARI District- Katihar ====================================================== 1.
Surendra Sahni Resident of Village Azampur Markhaha, P.S. Barari(Semapur), District Katihar 2.
Moti Sahni S/O Rajendra Sahni Resident of Village Azampur Markhaha, P.S. Barari(Semapur), District Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr .Md Musowir Mr. Saroj kumar For the Opposite Party/s :
Mr. Kanhiya Kishor,APP Mr. Anil Kr. Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioners seeks bail in connection with Barari (Semapur) P.S. Case No. 125 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. The petitioners are named in the F.I.R. and is in custody since 16.04.2024.
4. The allegation against the petitioners is to be engaged in illegal trading of illicit liquor, where, there is
Patna High Court CR. MISC. No.41164 of 2024(2) dt.13-06-2024 2/3 recovery of 100 liters of country made liquor.
5. Learned counsel appearing on behalf of the petitioners submitted that the motorcycle in issue is nowhere connected with the petitioners and as such it cannot be said that the recovery of illicit liquor was made from conscious physical possession of the petitioners. It is further pointed out that the seizure list appears doubtful being not supported by independent witnesses rather by police personal. While concluding argument it is submitted that the petitioner no. 1 is found involved in one more case in which he is on bail and petitioner no. 2 is a man of clean antecedent.
6. Learned APP, opposes the prayer of bail.
7. In view of the aforesaid factual submissions, as recovery of illicit liquor appears prima-facie doubtful from the conscious physical possession of the petitioners where the petitioners are in custody since 16.04.2024, accordingly, let the petitioners, above named, is directed to be released on bail in connection with Barari
Patna High Court CR. MISC. No.41164 of 2024(2) dt.13-06-2024 3/3 (Semapur) P.S. Case No. 125 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive, Special Judge, Excise Court No. 1, Katihar, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.
(Chandra Shekhar Jha, J) Sudha/- U T