Patna High CourtCR. MISC./62526/2023allowed

Dharni Sahani v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62526 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== DHARNI SAHANI S/O ARJUN SAHANI R/O VILLAGE- MEHWA, PS. SUGAULI, DIST. EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 10 liter country made liquor from the motorcycle of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of discloser of local cahukidar. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.62526 of 2023(2) dt.05-10-2023 2/2 recovery of illicit liquor or with the motorcycle in question. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 12.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sugauli P.S. Case No. 35 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I,Civil Court, Motihari.

(Sunil Kumar Panwar, J) Manishkumar/- U T