Patna High CourtCR. MISC./62921/2023allowed

Grahan Sahani v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62921 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- BAGHA District- West Champaran ====================================================== 1.

GRAHAN SAHANI S/o- LATE SHIVRATAN SAHANI Village- Kailash Nagar Ps- Bagaha Pathkhauli Dist- West Champaran 2.

Pundeo Sahani @ Punyadev Sahani son of Late Laxman Sahani VillageKailash Nagar Ps- Bagaha Pathkhauli Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Bagaha (Pathkauli) P.S. Case No. 393 of 2023 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. According to the FIR, prosecution case relates to recovery of 120 liters of illicit liquor from bank of Gandak river and the petitioners are said to be indulged in illicit trade of liquor.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.62921 of 2023(2) dt.22-09-2023 2/2 have falsely been implicated in this case on the basis of secret information. The petitioners have no concern with the alleged recovery of liquor or with co-accused persons. Neither the petitioners were arrested on spot nor any incriminating article has been recovered from their conscious possession. It is further submitted that the petitioners are languishing in judicial custody since 6.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bagaha (Pathkhauli) P.S. Case No. 393 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bagaha, West Champaran.

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