Lalan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40265 of 2023 Arising Out of PS. Case No.-1011 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Lalan Sahani S/O Banti Sahani R/O Village- Chailahan Kothi Ps Banjariya Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 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 Turkauliya (Banjariya) P.S. Case No. 1011 of 2022 dated 17.10.2022 registered for the offences punishable u/ss 30(a), 31, 32 and 41(i) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 30 litres of country made liquor was recovered from the house of the petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.40265 of 2023(2) dt.24-07-2023 2/2 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 got six other criminal cases of similar nature as stated in para 3 of the bail petition. The petitioner is in custody since 18.04.2023.

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 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, East Champaran at Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 1011 of 2022. The application stands allowed.

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