Gopi Sahni @ Shatrudhan Sahni @ Gopi Sahani @ Sharudhan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51332 of 2018 Arising Out of PS.Case No. -433 Year- 2018 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Gopi Sahni @ Shatrudhan Sahni @ Gopi Sahani @ Sharudhan Sahani S/o Khayali Sahni, R/o Vill.- Gehuanchak, P.S.- Motipur, DistrictMuzaffarpur, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat kumar Singh, Adv. For the Opposite Party/s : Mrs. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

324 litres of foreign liquor is said to have been recovered from the straw house of Sukhlal Bhagat and said accused and Umesh Kumar Bhagat were apprehended on the said place. The aforesaid apprehended accused disclosed the name of the petitioner and others as the owner of the said liquor. It is submitted by learned counsel for the petitioner

Page 2 of 2Patna High Court Cr.Misc. No.51332 of 2018 (2) dt.21-08-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or in any trade of liquor. He has been falsely implicated in the case. He was not apprehended on the spot. Barring the aforesaid disclosure of the apprehended accused there is nothing on record to indicate the complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 11.07.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur, Bihar in connection with Motipur P.S. Case No. 433 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T