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Patna High CourtCR. MISC./38244/2020bail granted

Mantu Sahni v. The State Of Bihar

2021-02-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38244 of 2020 Arising Out of PS. Case No.-255 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== MANTU SAHNI S/o ADALAT SAHNI VILLAGE BADARJIMI P.S MIRGANJ DISTRICT GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Uchakagaon P.S. Case no. 255 of 2020 registered under sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, while 6330.560 litres of IMFL is stated to have been recovered from a truck, it is stated that the three named accused persons including the petitioner herein managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession and he has no concern with the alleged recovery. The petitioner has no criminal antecedent and is in custody since 29.7.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in view

Patna High Court CR. MISC. No.38244 of 2020(2) dt.05-02-2021 2/2 of the fact that the petitioner has no criminal antecedent and is in custody since 29.7.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Uchakagaon P.S. Case no. 255 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 2nd-cum-Special Judge, Excise, Gopalganj. (Partha Sarthy, J) Prakash/- U