Wakil Sahni @ Vakil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48435 of 2022 Arising Out of PS. Case No.-239 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== Wakil Sahni @ Vakil Sahni S/o Meghan Sahni R/o village- Dhudhua, Ward No. 07, Bhagwanpur, P.S.- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Jandaha P.S. Case No. 239 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and Section 414 of the I.P.C.

The accused/petitioner is named in the F.I.R. and is in custody since 20.05.2022.

A clerical error in petition pointed out by learned counsel appearing on behalf of the petitioner in index part, where inadvertently, instead of F.I.R. 'C2A' has typed, same be corrected during course of the day.

Patna High Court CR. MISC. No.48435 of 2022(2) dt.26-09-2022 2/3 The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 267.480 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from the tractor, which not belongs to this petitioner, rather another co-accused, namely, Munna Kumar and as such it can be safely gathered that recovery of illicit liquor was not made from conscious physical possession of this petitioner, who is a man of clean antecedent. It is submitted that investigation of this case has been completed, for which charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears from conscious physical possession of this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Jandaha P.S. Case No. 239 of 2021 on furnishing bail

Patna High Court CR. MISC. No.48435 of 2022(2) dt.26-09-2022 3/3 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Hajipur, Vaishali/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T