Rajesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5731 of 2017 Arising Out of PS.Case No. -299 Year- 2016 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Rajesh Sahni, Son of Lakshuman Sahni, Resident of Village-Manikpur, P.S.-Minapur, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Bela Singh, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APp ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 02.12.2016 in connection with Minapur P.S. Case No. 299/16, G.R. No. 4829/16 for offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30A and 30D of the Bihar Excise Act, 2016.

The prosecution case is that on secret information police raided the house of the petitioner and from back portion 750 ml. Mahua liquor kept in a plastic bag along with utensils for making liquor was recovered, and, accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.5731 of 2017 (2) dt.20-02-2017 2/2 the petitioner that he is innocent, has no criminal antecedent and nothing has been recovered from his conscious possession. It is submitted that the seizure-list bears the police case number, although, the place of occurrence is outside the police station, which makes the prosecution case doubtful.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 299/16. (Nilu Agrawal, J) Rajesh/- U T