Shashi Sahni @ Shashi Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63649 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Shashi Sahni @ Shashi Chaudhary Son Of Lalan Sahani @ Lalan Chaudhary Resident Of Village -Hathiyahi, Ps- Piprakothi, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 sections 272, 273/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.
3. As per FIR, prosecution case relates to recovery of of total 20 liters of illicit liquor from house of co-accused Nawal Sahni and this petitioner is said to have indulged in trade of liquor.
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 due to his criminal antecedents. Petitioner has no
Patna High Court CR. MISC. No.63649 of 2023(2) dt.10-10-2023 2/2 concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 9.11.2022.
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 custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piprakothi P.S. Case No. 171 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 No.1, East Champaran at Motihari.
(Sunil Kumar Panwar, J) Amandeep/- U T