Upendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59220 of 2021 Arising Out of PS. Case No.-78 Year-2021 Thana- PHULWARIYA District- Gopalganj ====================================================== UPENDRA SAHANI Son of Inar Sahni Resident of Village - Gidha Mahali Tola, P.S. Phulwariya, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-05-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Phulwariya P.S. Case No. 78/21 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

76 litres of liquor belonging to the petitioner was recovered from beneath a tree which was found to have been covered with straw.

The learned counsel for the petitioner has submitted that the recovery is from an open place and, therefore, without any other evidence, such recovery cannot be saddled upon him. In any view of the matter, looking at the period of custody of the petitioner, which is from 28.06.2021 and the

Patna High Court CR. MISC. No.59220 of 2021(2) dt.23-05-2022 2/2 nature of offence, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -II-cum-Special Judge, (Excise), Gopalganj, in connection with Phulwariya P.S. Case No. 78/21.

While saying so, the Court has taken notice of the fact that petitioner earlier was made accused in two cases of similar nature but in both the cases, he has been granted bail. (Ashutosh Kumar, J) sunilkumar/- U T