Govind Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41142 of 2020 Arising Out of PS. Case No.-484 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Govind Sahani S/O Nandu Sahani Resident Of Village - Sikandarpur Bandh, P.S. - Town, District - Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-03-2021 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 Muzaffarpur Town P.S. Case no. 484 of 2020 registered under section 30 (a) of the Bihar Prohibition and Excise Act, 2016 As per allegation in the FIR, two accused persons namely Umesh Sahani and Lal Mohan Sahani were arrested and about 100 litres of illicit liquor was recovered from the motorcycle.

It is submitted by learned counsel for the petitioner that the name of the petitioner transpired in the confessional statement of co-accused Umesh Sahani who allegedly made

Patna High Court CR. MISC. No.41142 of 2020(2) dt.17-03-2021 2/2 statement before the police that he is into the business of liquor along with his brother-in-law Govind Sahani, the petitioner herein. It is submitted that no incriminating article has been recovered from the possession of the petitioner. He is in custody since 25.8.2020 and has no criminal antecedent. Investigation in the case with respect to the petitioner has concluded. The application for bail is opposed by learned APP for the State. .

Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR together with no incriminating material having been recovered from the possession of the petitioner and the petitioner being in custody since 25.8.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Muzaffarpur Town P.S. Case no. 484 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U