Bhagya Narayan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65621 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- SAHIYARA District- Sitamarhi ====================================================== BHAGYA NARAYAN SAHANI Son of Rajendra Sahni R/o Village- Shahpur Shitapatti, Sahni tola, Sahiyara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on secret information having been received about seven named accused persons including the petitioner being involved in the trade of liquor, it is stated that a raid was conducted. Seeing the police personnel all the accused persons escaped, however, Rambabu Mandal was arrested. He disclosed the name of the six accused persons who managed to escape which included the petitioner herein. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.65621 of 2021(2) dt.20-04-2022 2/2 The cause of false implication of the petitioner is his antecedent under the Bihar Prohibition and Excise Act, 2016. He is in custody since 29.8.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot, he having remained in custody for more than 7 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sahiyara P.S. Case no. 38 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise, Sitamarhi.

(Partha Sarthy, J) Spd/- U T