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Patna High CourtCR. MISC./43148/2023bail granted

Ragho Sahani @ Radho Sahani @ Raghav Sahani v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43148 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Ragho Sahani @ Radho Sahani @ Raghav Sahani son of ramniwash Sahani Village- Godiganwa Ps- Sugauli Dist- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sugauli P.S. Case No. 106 of 2022 dated 20.2.2022 registered for the offence punishable u/s 30(a)(b)(c) of the Bihar Prohibition and Excise Act. As per the prosecution case, 300 litres of pass is alleged to have recovered from the bank of the Gandak River.

Patna High Court CR. MISC. No.43148 of 2023(2) dt.20-07-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is accused in 4 other criminal cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 11.5.2023.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is 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, Motihari, East Champaran in connection with Sugauli P.S. Case No. 106 of 2022 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 bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.43148 of 2023(2) dt.20-07-2023 3/3 The application stands allowed.

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