Umesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56601 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- ANGARGHAT District- Samastipur ====================================================== UMESH SAHANI S/O RAJENDRA SAHANI R/O VILLAGEBACHHAULI, P.S- KHANPUR, DISTT.- SAMASTIPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Angarghat P.S. Case No. 109 of 2023 dated 28.10.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 30 litres of countrymade liquor was recovered from the possession of the petitioner and the co-accused person.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has come in this case on mere suspicion. The petitioner has no concern with the alleged
Patna High Court CR. MISC. No.56601 of 2024(2) dt.07-08-2024 2/2 recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 28.10.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner 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, Samastipur in connection with Angarghat P.S. Case No. 109 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T