Harikishun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40210 of 2020 Arising Out of PS. Case No.-190 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== HARIKISHUN SAHNI S/o Pramod Sahni Resident of Village - Tepri, Ward No. 15, P.S. - Piyar, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2021 Heard Mr. Sanjay Kumar @ S.K, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Excise Case No. 190 of 2020 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation as per the First Information Report is that a FORCE vehicle bearing registration No. BR-06PC-4087 was intercepted by the Police and a total quantity of 398.400 Indian made foreign liquor, beer and country made liquor were recovered from the said vehicle.

Patna High Court CR. MISC. No.40210 of 2020(2) dt.22-02-2021 2/3 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has not committed any offence in the manner alleged. Learned counsel further submits that the petitioner is neither owner nor the driver of the vehicle in question. He was travelling in the vehicle as a passenger. He had taken lift from the driver in order to reach his destination. Learned counsel also submits that no illicit liquor has been recovered either from conscious possession of the petitioner or the vehicle belonging to him.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent and the charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Gopalganj, in connection with

Patna High Court CR. MISC. No.40210 of 2020(2) dt.22-02-2021 3/3 Excise Case No. 190 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T