Patna High CourtCR. MISC./59821/2024bail granted

Chandan Sahani v. The State Of Bihar

2024-09-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 59821 of 2024 Arising Out of PS. Case No.-1219 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Chandan Sahani son of Munilal Sahani Village-Majhariya ,P.S-Turkauliya (Raghunathpur op),District -East Champaran ,Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 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 Turkaulia (Raghunath Pur) P.S. Case No. 1219 of 2022 dated 19.12.2024 registered for the offences punishable u/s 272, 273, 308/34 of the I.P.C. and Section 30(a), 41(1) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 120 litres of illicit country made liquor was recovered from the two plastic sacks which were kept on the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said seized vehicle was being driven by the

Patna High Court CR. MISC. No. 59821 of 2024(2) dt.04-09-2024 2/2 petitioner. The petitioner has no concern with the alleged recovery. The petitioner was not arrested at the spot rather the name of the petitioner was taken by the co-accused Vikash Sahani. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.06.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, East Champaran in connection with Turkaulia (Raghunath Pur) P.S. Case No. 1219 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T