Raju Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9877 of 2021 Arising Out of PS. Case No.-202 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== RAJU SAHNI SON OF BIJAN SAHNI RESIDENT OF VILLAGE - GAWASPUR, P.S.- KATHAIYA, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Kathaiya P.S. Case no. 202 of 2019 registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret informant having been received a raid was conducted on the house of one Chintu Rai. It is stated that 530.985 litres of IMFL and 308 litres of spirit was recovered. The petitioner along with others were assisting the said Chintu Rai in trade of illicit liquor.

Patna High Court CR. MISC. No.9877 of 2021(2) dt.03-06-2021 2/2 It is submitted by learned counsel for the petitioner the allegations as levelled in the FIR are false and concocted. He has no concern either with the co-accused Chintu Rai nor with the seized liquor/spirit. He is in custody since 19.10.2020. It is lastly submitted that co-accused Arun Rai has been enlarged on anticipatory bail by this Court vide order dated 10.6.2020 (Annexure-2) passed in Cr. Misc. No. 7720/2020. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused and period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kathaiya P.S. Case no. 202 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise Act), Muzaffarpur.

(Partha Sarthy, J) Spd/- U T