Mithu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62642 of 2023 Arising Out of PS. Case No.-318 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== MITHU SAHNI Son of Ramji Sahani @ Ramaji Sahani VILL KATAHA PS MUFFASIL DIST EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 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(a), 42, 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 50 litres country made liquor from the bank of river which was kept beneath the sand.

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. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure

Patna High Court CR. MISC. No.62642 of 2023(2) dt.05-10-2023 2/2 list. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 20.6.2023.

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 Exclusive Special Excise Court No. 1, East Champaran at Motihari in connection with Muffasil (Lakhaura O.P.) PS Case No. 318 of 2023.

(Sunil Kumar Panwar, J) sushma/- U