Patna High CourtCR. MISC./45855/2024bail granted

Suresh Sahani @ Geda @ Goda @ Suresh Sahni v. The State Of Bihar

2024-07-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45855 of 2024 Arising Out of PS. Case No.-380 Year-2023 Thana- NADI P.S. District- Patna ====================================================== Suresh Sahani @ Geda @ Goda @ Suresh Sahni Son of Rambabu Sahani @ Batu @ BatuJi Resident of Village - Banstal, Kachchidargah, P.S.- Nadi, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nadi P.S. Case No. 380 of 2023 dated 11.11.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 10 litres of illicit country made liquor was recovered from the bank of the Ganga.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by villagers. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. The co-accused

Patna High Court CR. MISC. No.45855 of 2024(2) dt.18-07-2024 2/2 person has already been granted anticipatory bail by this court vide order dated 23.02.2024 passed in Cr. Misc. No. 9984 of 2024. The petitioner has six criminal antecedents and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. 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, Patna City in connection with Nadi P.S. Case No. 380 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T