Rahul Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35698 of 2020 Arising Out of PS. Case No.-279 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== RAHUL KUMAR SAHNI S/O LATE JAGARNATH SAHNI RESIDENT OF VILLAGE - JITWARPUR INDRAWARA, PS - TAJPUR, DIST. - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Jha, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Tajpur (Halai O.P.) P.S. Case no. 279 of 2020 registered under sections 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret information having been received about illicit liquor having been stored, for the purpose of sale in the poultry farm belonging to one Sanjit Sahni the informant with others reached there. It is stated that while some of the accused persons managed to escape, some of them including the petitioner herein were caught. A total of 459 litres of illicit liquor was recovered.

It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case only for the reason that he happens to be the brother of co-accused Sanjit Sahni.

Patna High Court CR. MISC. No.35698 of 2020(2) dt.21-12-2020 2/2 The petitioner has no criminal antecedent under the Excise Act and is in custody since 25.7.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any antecedent under the Excise Act and being in custody since 25.7.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Tajpur (Halai O.P.) P.S. Case no. 279 of 2020 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 Additional Sessions Judge II-cum-Special Judge (Excise Act), Samastipur.

(Partha Sarthy, J) Prakash/- U