Sitaram Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39790 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Sitaram Sahani, Son of Late Daroga Sahani, Resident of VillageRaghunathpur, P.S. Paroo, Dist.- Muzaffarpur.

2. Raj Kishore Sahani @ Raj Mishore Sahani, Son of Late Parikshan Sahani, Resident of Village- Raghunathpur, P.S. Paroo, DistrictMuzaffarpur.

3. Satrughan Sahani @ Satrudhan Sahani, Son of Late Dukh Haran Sahni, Resident of Village- Vijay Chhapra, P.S.- Ahiyapur, DistrictMuzaffarpur at present resident of Village Raghunathpur, P.S.- Paroo, District- Muzaffarpur.

4. Akhilesh Kumar Son of Dharmnath Das, Resident of villageRaghunathpur, P.S.- Paroo, District- Muzaffarpur.

5. Md. Muslim, Son of Late Md. Israil, Resident of Village- Malahi, P.S. Paroo, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 15.05.2017 in connection with Excise Case No. 69 of 2017, P.R. No. 8 of 2017-18 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the Excise Sub-

Patna High Court Cr.Misc. No.39790 of 2017 (2) dt.22-08-2017 2/2 Inspector, is that on raid in the house of the petitioners 11 litres of country made liquor kept in two plastic jars were recovered and four plastic jars, which were placed under the earth, were destroyed while being taken out. Accordingly, a seizure-list was prepared.

It is submitted by the learned counsel for the petitioners that they are innocent, have no criminal antecedent and have been falsely implicated in the aforesaid case. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Excise Case No. 69 of 2017, P.R. No. 8 of 2017-18.

(Nilu Agrawal, J.) Arjun/- U T