Ashok Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 54856 of 2022 Arising Out of PS. Case No.-445 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== Ashok Sahni Son of Asharfi Sahni R/V- Ramsabha Goshala, (Ranighat), P.SSahayak (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. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-11-2022 Let the defect(s), 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 Nagar (Sahayak) P.S. Case No. 445 of 2022 lodged under Section 30(a) of the Bihar Prohbition and Excise Act, 2016. As per the prosecution case, total recovery of 400 liter local mahua desi wine is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 08.08.2022 having clean antecedent and charge sheet has already been filed in this case. He also submits that the said recovery has not been made

Patna High Court CR. MISC. No. 54856 of 2022(2) dt.26-11-2022 2/2 from petitioner's possession rather, as per the seizure list, it was from public place. Learned counsel submits that petitioner was arrested by virtue of confessional statement of the co-accused. 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, Court-2, Katihar in connection with Nagar (Sahayak) P.S. Case No. 445 of 2022 (G.R. No. - 3613 of 2022), 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.) ashishsingh/- U T