Mosafir Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39291 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Mosafir Sahni Son of Late Budhan Sahni R/O Village- Harser, P.S.- Siwaipatti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Siwaipatti P.S. Case No. 137 of 2021 registered for the offence under Sections 272, 273, 120(B)/34 of the Indian Penal Code and under Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 24.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is

Patna High Court CR. MISC. No.39291 of 2022(2) dt.20-08-2022 2/3 recovery of 100 litres of country made liquor and 1000 litres of raw materials from the place of occurrence.

Learned counsel appearing on behalf of the petitioner submitted that the recovery of alleged illicit liquor, along with utensils alleged to be used for manufacturing of illicit liquor, was recovered from an open place which is not connected in any manner with petitioner and further, accessible by general public denying thereof, conscious physical possession of the petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as no illicit liquor was recovered from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Siwaipatti P.S. Case No. 137 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.39291 of 2022(2) dt.20-08-2022 3/3 satisfaction of learned Exclusive Special Judge, Excise Court No.-1, Muzaffarpur in Siwaipatti/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T