Rajendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53292 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Rajendra Sahni ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-10-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Pakaridayal P.S. Case No. 58 of 2022 lodged under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act 2018.

As per the prosecution case, the total recovery of 125 litres of foreign liquor has alleged to be made maize field of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the maize field is basically an open place and there

Patna High Court CR. MISC. No.53292 of 2022(2) dt.21-10-2022 2/2 was no occasion for him to do such things in his own field. Learned counsel for the petitioner submits that petitioner is in custody since 08.07.2022 and he was not apprehended from the place of occurrence. Learned counsel for the petitioner further submits that there are 2 cases pending against him and in both the cases, he is on bail.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court no. 2, East Champaran, Motihari in connection with Pakridayal P.S. Case No. 58 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T