Suresh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49589 of 2022 Arising Out of PS. Case No.-153 Year-2019 Thana- SIMRI District- Darbhanga ====================================================== Suresh Sahani S/o Late Chetar Sahani @ Chetram Sahani Resident of VillageJalwar, P.S.- Simri, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 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 Simri P.S. Case No. 153 of 2019 lodged under Sections 420, 467, 120(B) of the I.P.C. read with Sections 30(a), 38(i) and 41(i) of Bihar Prohibition and Excise Act.
As per the prosecution case, the total recovery of 358.500 litre of wine is alleged to be made from one Scorpio vehicle.
Learned counsel for the petitioner submits that petitioner is neither driver nor owner of the said vehicle. He has also not apprehended from the place of occurrence that is from
Patna High Court CR. MISC. No.49589 of 2022(2) dt.18-11-2022 2/2 scorpio car. Learned counsel submits that his name has figured in this case by the disclosure made by the villagers. Learned counsel submits that his antecedent is clean and he is in custody since 27.05.2022.
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 Exclusive Special Judge (Excise)- II, Darbhanga in connection with Simri P.S. Case No. 153 of 2019, 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.) prakashmani/- U T