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Patna High CourtCR. MISC./64650/2022allowed

Sadhu Sahni v. The State Of Bihar

2023-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64650 of 2022 Arising Out of PS. Case No.-202 Year-2021 Thana- MAKER District- Saran ====================================================== Sadhu Sahni S/O Late Jalandhar Sahni R/V- Barewa Hasanpura, Murahi, P.S.- Maker, Distt- Saran At Chapra.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30, 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 280 litres of country made liquor from bushes across the Gandak river. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by co-villagers as a person who fled away from the place of seizure. Neither the

Patna High Court CR. MISC. No.64650 of 2022(3) dt.14-03-2023 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 16.08.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Court, Saran, Chapra in connection with Maker P.S. Case No. 202 of 2021. (Sunil Kumar Panwar, J) nirajkrs/- U T