Wakil Sahni @ Wakil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47543 of 2022 Arising Out of PS. Case No.-177 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== Wakil Sahni @ Wakil Sahani Son of Jeetu Sahni @ Jitu Sahani Resident of Village - Bijuli (Bajali), P.S.- Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No.13, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Keoti P.S. Case No. 177 of 2022, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. As per prosecution case, the total recovery of 14 liters of mahua wine is the subject matter relating to the present case, which was kept in the plastic bag and the said plastic bag was kept on the motorcycle.

Learned counsel for the petitioner submits that petitioner is nowhere related with the said motorcycle, on which the alleged wine has been recovered. He further submits that the

Patna High Court CR. MISC. No.47543 of 2022(2) dt.11-11-2022 2/2 said motorcycle does not belongs to the petitioner and he was alleged to be arrested on chase. He also submits that nothing was recovered from the conscious possession of petitioner. Learned counsel for the petitioner further submits that antecedent of petitioner is clean and he is custody since 24.06.2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-I (Excise Act), Darbhanga in connection with Keoti P.S. Case No. 177 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T