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Patna High CourtCR. MISC./54479/2023allowed

Rakesh Sahni @ Rakesh Sahani v. The State Of Bihar

2023-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54479 of 2023 Arising Out of PS. Case No.-321 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Rakesh Sahni @ Rakesh Sahani S/O Janakdeo Sahani R/O Village- Mehwa , Ps. Sugauli, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 90 litres of illicit country made liquor.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered

Patna High Court CR. MISC. No.54479 of 2023(3) dt.18-10-2023 2/2 from the conscious possession of the petitioner. The petitioner has no concern either with the seized illicit liquor or the apprehended accused persons. The petitioner is languishing in custody since 25.04.2023. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1, East Champaran, Motihari in connection with Sugauli P.S. Case No. 321 of 2022, arising out of Trial No. 760 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T