Patna High CourtCR. MISC./44350/2023bail granted

Navin Kumar Sahni@Naveen Kumar Sahni v. The State Of Bihar

2023-07-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44350 of 2023 Arising Out of PS. Case No.-335 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== NAVIN KUMAR SAHNI@NAVEEN KUMAR SAHNI SON OF LATE RAJU SAHANI RESIDENT OF VILLAGE -HATHSARGANJ @HATHSARGANJ, WARD NO. 01, PS- HAJIPUR TOWN, DISTTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023

1. 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.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 335 of 2023 dated 15.5.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 180 litres of illicit beer is alleged to have recovered from the bus. The petitioner is alleged to have standing near the bus.

Patna High Court CR. MISC. No.44350 of 2023(2) dt.26-07-2023 2/2

5. 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 neither the owner nor the driver of the said vehicle. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.5.2023.

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

7. 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, Vaishali at Hajipur in connection with Excise P.S. Case No. 335 of 2023.

8. The application stands allowed.

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