Dilip Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62460 of 2023 Arising Out of PS. Case No.-927 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Dilip Sahni S/O Late Narayan Sahni @ Late Suti Sahni Resident Of Ward No. 39, Singhiya Tola Gulabbagh, Hansadah, Ps. Sadar, Dist. Purnea ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273, 379, 414, 467, 468, 471, 34 of the Indian Penal Code and Sections 30(a) 30(c), 30(d), 32, 34, 33, 36, 41 of Bihar Prohibition and Excise Act and Sections 51, 63, 64 of Copy Right Act.

As per prosecution case, the allegation against the accused persons including the petitioner is that they were indulged in illegal production of spurious liquor. On search, total 540 liter raw spirit, 15.6 liter foreign made liquor and other articles were recovered from the house of co-accused, namely, Pawan Kumar.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.62460 of 2023(2) dt.21-09-2023 2/2 petitioner is innocent and has committed no offence. The petitioner was apprehended on the spot and due to high handedness of the police officials he has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor place of recovery belongs to him. It is further submitted that no any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 06.08.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with K. Hat (Maranga) P.S. Case No. 927 of 2023 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 Judge (Excise-01) Purnea.

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