Ram Udit Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45822 of 2018 Arising Out of PS. Case No.-314 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== Ram Udit Sahani S/o Late Durga Sahani, R/o Vill.- Karhani Naya Tola, P.S.- Kurhani, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Verma For the Opposite Party/s :

Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kudhani P.S. Case no. 314 of 2018 registered for the offence punishable under Sections 414/34 of I.P.C. and Sections 30(A), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016. 299.44 lts. of foreign liquor is said to have been recovered from the door of Anil Sahani, motorcycle parked in the house of Anil Sahani and from the house and poultry farm of the Anil Sahani and petitioner who happens to be father of said Anil Sahani was apprehended in the course of escaping. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.45822 of 2018(3) dt.10-08-2018 2/2 physical possession of the petitioner. He has no concern with the seized liquor or with the place of recovery or with any trade of liquor. He had no knowledge of keeping of liquor at the aforesaid place by his son Anil Sahani and has also no concern with the aforesaid trade of his son. He has been falsely implicated in this case merely because he happens to be father of Anil Sahani. Police has falsely obtained his signature on the blank paper and converted it into the seizure list and his confession. He has no criminal antecedent. He has been languishing in custody since 26.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Kudhani P.S. Case no. 314 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T