Dharmendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68320 of 2021 Arising Out of PS. Case No.-569 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Dharmendra Sahni S/O Vindeshwar Sahni @ Bindeshwar Sahni R/O Village - Paharpur, P.S.- Mahua, District- Vaishali.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Rina Sinha For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mahua P. S. Case No.569 of 2020, instituted for the offences under Sections 30(a), 32(ii), 34(ii), 38(ii), 41(i) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is in custody since 12.08.2021, charge-sheet has been submitted in this case and has antecedent of one case. Allegation is of total recovery of 1036.440 litre of liquor from a Bolero and an Indica Car.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot and his name was disclosed by the Chaukidar, who out of previous enmity and

Patna High Court CR. MISC. No.68320 of 2021(2) dt.18-02-2022 2/2 came to be implicated in the present case.

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

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case, was not arrested from the spot and his name came based on the statement of Chaukidar, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Mahua P. S. Case No.569 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T