Patna High CourtCR. MISC./61125/2021bail granted

Kundan Sahni v. The State Of Bihar

2022-01-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61125 of 2021 Arising Out of PS. Case No.-197 Year-2021 Thana- MANSI District- Khagaria ====================================================== KUNDAN SAHNI Son of Prakash Sahni Resident of Village Ekaniya P.S. - Mansi, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Kishor Poddar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Mansi P. S. Case No.197 of 2021, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The learned counsel for the petitioner submits that the petitioner is in custody since 15.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 40 litre of country-made liquor from the boat of the petitioner, but the petitioner managed to escape seeing the police.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.61125 of 2021(3) dt.28-01-2022 2/2 admittedly, the petitioner was not apprehended from the place of occurrence and though the boat belonged to the petitioner, but he was not aware, who had kept the liquor in the boat and he came to be implicated merely because he is the owner of the boat.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 15.07.2021, he is a person with clean antecedent, chargesheet has been submitted in the case and was not apprehended from the spot, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Khagaria in connection with Mansi P. S. Case No.197 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T