Yogendra Sahni@Jogendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62014 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- Patauna District- Madhubani ====================================================== Yogendra Sahni@Jogendra Sahni Son of Late Ram Bhujhawan Sahni R/O - Village-Parsauni, P.S - Patauna, District - Madhubani ... ... Petitioner/s
Versus
The state of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 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 Patauna P.S. Case No. 33 of 2024 dated 27.06.2024 registered for the offences punishable u/ss 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 123.600 litres of illicit Nepali country made liquor was recovered under the Mango tree situated behind the house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged
Patna High Court CR. MISC. No.62014 of 2024(2) dt.28-08-2024 2/2 recovery rather the recovery has been made under the mango tree which is an open place and accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.06.2024.
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, Madhubani in connection with Patauna P.S. Case No. 33 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T