Arun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68851 of 2021 Arising Out of PS. Case No.-587 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== 1.

ARUN SAHANI S/O LATE SUPAN SAHANI R/o village- Nuranibagh Colony, 5B, P.S.- Alamganj, District- Patna, Bihar 2.

UPENDRA KUMAR S/O ARUN SAHANI R/o village- Nuranibagh Colony, 5B, P.S.- Alamganj, District- Patna, Bihar 3.

SANDEEP KUMAR S/O ARUN SAHANI R/o village- Nuranibagh Colony, 5B, P.S.- Alamganj, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Preety Kunwar, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State. Petitioners seek regular bail in connection with Alamganj P.S. Case No. 587/2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the house of the petitioners were raided by the Police and a total quantity of 130 litres of Mhaua liquor was recovered and the petitioners were arrested.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.68851 of 2021(2) dt.24-05-2022 2/2 petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case due to village politics. He further submits that the house from which the illicit Mahua liquor has been recovered is joint family house and other family members also reside in the house. The petitioners are father and sons. He next submits that the petitioners have got no criminal antecedents and are in custody since 3.9.2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that recovery of Mahua liquor has been made from the joint house of the petitioners and the petitioners are in custody since 3.9.2021 having clean antecedents, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Alamganj P.S. Case No. 587 of 2021. (Anil Kumar Sinha, J) S.Ali/- U T