Jhagaru Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48323 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- PARSA District- Saran ====================================================== Jhagaru Sahni S/o Rampati Sahni R/o vill - Baligaon, P.S. - Parsa, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024

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

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32(3) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

4. Allegation is of recovery of 530 litres of liquor from the bank of river in four boats.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot and he came to be implicated in the present case based on confessional statement of co-accused in police custody which does not have any evidentiary value in the eye of law. It is further submitted that petitioner is not the owner of the boat. It is next submitted that

Patna High Court CR. MISC. No.48323 of 2024(2) dt.31-08-2024 2/2 police implicate mechanically the moment an accused is implicated in a case relating to excise. It is also submitted that petitioner is in custody since 24.04.2024.

6. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

7. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Parsa P.S. Case No. 76 of 2024.

(Satyavrat Verma, J) Kundan/- U T