Prabhu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67377 of 2021 Arising Out of PS. Case No.-284 Year-2020 Thana- KALYANPUR District- Samastipur ====================================================== Prabhu Sahni S/o Nagi Sahni R/o Village- Barhetta, P.S.- Kalyanpur, DistrictSamastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner and Mr. Khurshid Anwar, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 284 of 2020 instituted for the offences under Sections 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.08.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that allegation is of recovery of 44.640 liters from the hut of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.67377 of 2021(2) dt.18-02-2022 2/2 petitioner was not arrested from the spot and he was identified by the Chowkidar with whom he is on inimical term and was not aware that who had kept the liquor in the hut as the recovery was made in his absence.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 24.08.2021, charge-sheet has been submitted in the case and he was not arrested from the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise, Samastipur in connection with Kalyanpur P.S. Case No. 284 of 2020.

(Satyavrat Verma, J) mdrashid/- U T