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Patna High CourtCR. MISC./42496/2023bail granted

Sanjay Sahni @ Sanjay Kr. Sahni v. The State Of Bihar

2023-07-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42496 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- PUSA District- Samastipur ====================================================== Sanjay Sahni @ Sanjay Kr. Sahni Son Of Ramchandra Sahni, R/O VillageMalikaur, P.S.- Pusa, District- Samatipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Pusa P.S. Case No. 15 of 2023 dated 13.02.2023 lodged under Sections 30(a), 32(i)(ii), 41(i)(ii) of Bihar Prohibition and Excise(Amendment) Act.

3. As per the prosecution, total recovery of 197.805 litre illegal whiskey is the subject matter of the present case.

4. Learned counsel for the petitioner submits that petitioner has not been apprehended from the place of occurrence and his name has figured in this case by virtue of Gulabi Devi from whose house alleged wine has been recovered and she was apprehended from the place of occurrence. Counsel further submits that there is one criminal case pending against

Patna High Court CR. MISC. No.42496 of 2023(2) dt.14-07-2023 2/2 the petitioner in which he is persuading for bail, petitioner is in custody since 10.04.2023 and charge sheet has already been submitted in this case.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise)-01, Samastipur in connection with Pusa P.S. Case No. 15 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

7. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T