Lal Mohan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3986 of 2021 Arising Out of PS. Case No.-484 Year-2020 Thana- TOWN District- Muzaffarpur ====================================================== LAL MOHAN SAHANI, S/o Kagarnath Sahani Resident of Vill.- Akbarpur, P.S.- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udit Narain Singh, Advocate For the Opposite Party/s :

Mr. A.L. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2021 Heard Mr. Udit Narain Singh, learned Counsel for the petitioner and Mr. A. L. Pandit, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Town Police Station Case No. 484 of 2020, disclosing offences under Sections 272/273/34 of the Indian Penal code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation, as per the First Information Report is that the motorcycle of the petitioner was intercepted and 40 litres of illicit liquor has been recovered from the same. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. Learned counsel further submits that petitioner is in

Patna High Court CR. MISC. No.3986 of 2021(2) dt.22-03-2021 2/2 custody since 19.08.2020 having no criminal antecedent and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 19.08.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Lal Mohan Sahani, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Town Police Station Case No. 484 of 2020. It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T