Patna High CourtCR. MISC./64172/2023bail granted

Dasai Sahni @ Dasai Chaudhary v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64172 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Dasai Sahni @ Dasai Chaudhary Son Of Late Amin Sahani Village Hathiyahi, Ps Piprakothi, District East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raki Alam, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Pipra Kothi P.S. Case no. 18 of 2022 registered under sections 30(b) of the Bihar Prohibition and Excise Act, 2016

3. As per the prosecution case, on a secret information having been received a raid was conducted. Seeing the police personnel the accused persons started to flee away. 2000 litres of liquor, in course of preparation was recovered. The petitioner was identified amongst the accused persons who managed to escape.

4.It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. Neither the petitioner was arrested at the spot nor

Patna High Court CR. MISC. No.64172 of 2023(2) dt.11-10-2023 2/2 any incriminating article has been recovered from his possession. The cause of false allegation is his criminal antecedents. The petitioner is in custody since 4.2.2023. Chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner not having been arrested at the place of occurrence and having remained in custody since 4.2.2023, the Court directs the petitioner to be enlarged on bail in connection with Pipra Kothi P.S. Case no. 18 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-1, Motihari, East Champaran. (Partha Sarthy, J) ajay/- U T