Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37306 of 2019 Arising Out of PS. Case No.-566 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== SURESH SAHNI, Son of Ramfal Sahni, Resident of Village- Hanuman Nagar Benipur, P.S.- Bahera, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 24-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Bahera P.S. Case No.566 of 2018 instituted for the offence under Section(s) 30(a), 30(b) and 41(1) of Bihar Prohibition and Excise Act, 2016. Counsel for the petitioner submits that petitioner has not been arrested on the spot. The police searched the pickup van and recovered 1476 litres Nepali liquor from the pickup van. One person was arrested from the pickup van, who disclosed his name as Md. Alam. Driver of the pickup Van managed to run away. Arrested person, Md. Alam, disclosed the name of this petitioner on whose direction aforesaid illicit liquor has been loaded on the pickup van.

From the written report, it appears that petitioner was

Patna High Court CR. MISC. No.37306 of 2019(2) dt.24-06-2019 2/2 not present at the spot.

Petitioner is in custody since 15.04.2019 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ 2 cum Special Judge, Excise, Darbhanga, in connection with Bahera P.S. Case No.566 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T