Patna High CourtCR. MISC./62326/2024bail granted

Manish Kumar Sahni @ Manish Kumar v. The State Of Bihar

2024-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62326 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Manish Kumar Sahni @ Manish Kumar Son of Rajgir Sahni @ Rajgeer Sahni R/O Vill.- Rasulpur Daud, P.S.- Goraul (Kathara O.P.), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 419, 420, 34 of the IPC and Section 30(a), 32(i)(ii), 41(i) of the Bihar Prohibition and Excise Act in connection with Goraul (Kathara O.P.) P.S. Case No.73 of 2024.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1301.625 liters of liquor from a pickup van.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is neither the owner nor the driver of the seized vehicle and he came to be implicated based on confessional statement of apprehended accused in police custody which does

Patna High Court CR. MISC. No.62326 of 2024(2) dt.06-09-2024 2/2 not have any evidentiary value and is in custody since 02.08.2024.

5. The learned APP for the State opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No.73 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T