Patna High CourtCR. MISC./43951/2023bail granted

Ganit Sahani v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43951 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== GANIT SAHANI S/O LATE NANDKISHOR SAHANI R/O VILLAGEMADHIYA KAMALAVARI, PS. BASOPATTI, DIST. MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mrs.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Basopatti P.S. Case No. 96 of 2023 dated 1.5.2023 (G.R. No. 686 of 2023) registered for the offence punishable u/s 272, 273, 353 read with section 34 of the IPC and 30(a) and 45 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 72 litres of illicit liquor is alleged to have recovered from e-rickshaw and the

Patna High Court CR. MISC. No.43951 of 2023(2) dt.27-07-2023 2/2 petitioner was sitting in the said vehicle.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 2.5.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Basopatti P.S. Case No. 96 of 2023, G.R. No. 686 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T