Patna High CourtCR. MISC./53920/2024bail granted

Rudal Sahni @ Rudal Kumar Sahni v. The State Of Bihar

2024-08-28Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53920 of 2024 Arising Out of PS. Case No.-187 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Rudal Sahni @ Rudal Kumar Sahni, male, aged about 33 years, son of Sahdev Sahni, resident of Ward no -10, Nawkothi, PS- Nawothi,Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Gautam, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Nawkothi PS Case No.187 of 2022 dated 14.12.2022, instituted under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2018.

3. Allegation is of recovery of 5 litres countrymade liquor and utensils for preparing countrymade liquor from a dilapidated house named as 52 Kothri 53 Dwar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Recovery has been made from a dilapidated

Patna High Court CR. MISC. No.53920 of 2024(2) dt.28-08-2024 2/2 house named as 52 Kothri 53 Dwar, which does not belong to the petitioner and nobody is residing in that house. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, 1st, Begusarai, in Nawkothi PS Case No.187 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T