Suraj Sahni @ Shivraj Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41776 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- PURNAHYA District- Sheohar ====================================================== SURAJ SAHNI @ SHIVRAJ SAHNI S/O JIMDAR SAHNI R/O VILLAGEBELWA NARKATIYA, PS. PIPRAHI, DIST. SHEOHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devendra Kumar For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 166.2 litres of nepali wine kept in five sacks from Adauri jungle Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the local chaukidaar, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been
Patna High Court CR. MISC. No.41776 of 2023(2) dt.14-07-2023 2/2 recovered from his conscious possession. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 24.4.2023 passed in Cr. Misc. No. 10356 of 2023. He is languishing in judicial custody since 22.4.2023. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court, Sheohar in connection with Purnahiya P.S. Case No. 159 of 2022.
(Sunil Kumar Panwar, J) lata/- U