Birendra Sahni @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 54797 of 2022 Arising Out of PS. Case No.-87 Year-2021 Thana- KORHA District- Katihar ====================================================== Birendra Sahni @ Birendra Kumar S/o Asharfi Sahni R/o village- Ranighat, P.S.- Sahayak (Katihar), Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 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 Korha P.S. Case No. 87 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016. As per the prosecution case, total recovery of 285 litre wine has been made, which is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner's name has not figured in this case rather during investigation, his name has come. Counsel further submits that nothing was recovered from the possession of the petitioner.

Patna High Court CR. MISC. No. 54797 of 2022(2) dt.25-11-2022 2/2 From the seizure list, it transpires that this recovery was made at Ranighat, District Katihar. Counsel further submits that the name of the petitioner has come by virtue of disclosure made by the spy. Counsel submits that there are 2 criminal cases pending against the petitioner and he is on bail in both the cases. Counsel further submits that petitioner is in custody since 07.08.2022, charge sheet has already been filed in this case. 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 Addl. Distt. & Sessions Judge-Cum-Special Judge (Excise) Cout No.-2, Katihar in connection with Korha P.S. Case No. 87 of 2021, 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.) sadique/- U T