Mukesh Sahni @ Mukesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68015 of 2021 Arising Out of PS. Case No.-268 Year-2021 Thana- BAISI District- Purnia ====================================================== 1.

Mukesh Sahni @ Mukesh Sahani Son Of Brahamdeo Sahni Resident Of Village - Pahsara, Via Manjhaul, Ward No. 04, P.S. Nowkothi, District - Begusarai.

2.

Kimat Jha @ Kimat Kumar Jha Son Of Dinesh Jha Resident Of Village - Pahsara, Via Manjhaul, Ward No. 04, P.S. Nowkothi, District - Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-02-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Baisee P. S. Case No.268 of 2021, instituted for the offences under Sections 272, 273, 467, 468, 420 of the Indian Penal Code and Sections 30(a), 41, 47 of the Excise Act, 2016. The learned counsel for the petitioners submits that the petitioners are in custody since 11.09.2021, they are persons with clean antecedents and charge-sheet has been submitted in this case.

Allegation is of recovery of 1778.40 litre of liquor from a truck as detailed in the F.I.R. and the petitioners were

Patna High Court CR. MISC. No.68015 of 2021(2) dt.18-02-2022 2/2 arrested from the truck.

The learned counsel for the petitioners submits that petitioner no.1 is the owner-cum-driver of the truck and the petitioner no.2 is the cleaner of the truck. It is submitted that petitioners were completely unaware that what the transporter had loaded in the truck.

Learned A.P.P. opposes the bail application.

Considering the fact submits that the petitioners are in custody, they are persons with clean antecedents and chargesheet has been submitted in this case, the petitioners, abovenamed, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Purnea in connection with Baisee P. S. Case No.268 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T