Patna High CourtCR. MISC./42374/2024bail granted

Phuleshwar Sahani @ Fuleshwar Sahni @ Fulo Sahani @Fule Sahni v. The State Of Bihar

2024-06-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42374 of 2024 Arising Out of PS. Case No.-38 Year-2011 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Phuleshwar Sahani @ Fuleshwar Sahni @ Fulo Sahani @Fule Sahni SON OF Laxmi Sahni RESIDENT OF VILLAGE- NEHRA, POLICE STATIONNEHRA MANIGACHHI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with G.O. Excise Case No. 38 of 2011, G.O. 1136 of 2017 dated 27.07.2011 registered for the offence/s punishable u/ss 47(a), (f) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 800 litres of illicit country made liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.42374 of 2024(2) dt.20-06-2024 2/2 this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.05.2024.

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

6. 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, Darbhanga in connection with G.O. Excise Case No. 38 of 2011, G.O. 1136 of 2017.

7. The application stands allowed.

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