Patna High CourtCR. MISC./63502/2023bail granted

Nandu Sahni v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63502 of 2023 Arising Out of PS. Case No.-650 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Nandu Sahni S/O Lalan Sahani Resident of Village- Damoviriti, P.SHarsidhi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered 270 litres of country made liquor from "Damovriti Chawar". During raid, the accused persons including the present petitioner managed to escape from the place of occurrence.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.07.2023. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in this case. The name of the petitioner has

Patna High Court CR. MISC. No.63502 of 2023(2) dt.10-10-2023 2/2 surfaced in the present case on disclosure of the villagers and Chowkidar. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned court below/court concerned in connection with Harsidhi P.S. Case No. 650 of 2022.

(Sudhir Singh, J) rishi/- U T