Nand Kishore Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57285 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- SAKRI District- Madhubani ====================================================== 1.

Nand Kishore Sahani S/O Paltu Sahani R/O Village- Chakdah, Ward No. 7, P.S- Sadar, Distt.- Muzaffarpur.

2.

Munnilal Sahani S/O Late Lalu Sahani R/O Village- Chakdah, Ward No. 7, P.S- Sadar, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sakri P.S. Case No. 101 of 2024 dated 23.05.2024 registered for the offences punishable u/s 30(a), 36, 38(i), 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 703.875 litres of illicit foreign liquor was recovered from the Truck.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the

Patna High Court CR. MISC. No.57285 of 2024(2) dt.07-08-2024 2/2 alleged recovery. The petitioners are not the owner of the said vehicle. The name of the petitioners has transpired in this case merely on the basis of driver and Khalasi of the said seized Truck. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 24.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani, in connection with Sakri P.S. Case No. 101 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T