Rajan Sahni @ Rajnarayan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72714 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Rajan Sahni @ Rajnarayan Sahni Son Of Binod Sahni @ Binod Mukhiya Resident Of Village-Dihara, P.S- Ashok Paper Mill, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ashok Paper Mill P.S. Case No. 27 of 2023 dated 27.02.2023, instituted for the offence punishable under Section 30 (A) of the Bihar Prohibition and Excise (amended) Act, 2016.

3. The allegation is of recovery of 10 litres of liquor from the joint house of Jay Narayan Sahni and Jay Kishore Sahni and 6 litres of liquor from the hut of Manoj Mukhiya@ Manoj Sahni.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.72714 of 2023(2) dt.09-11-2023 2/3 case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is further submitted that similarly situated co-accused namely, Moti Sahni Jay Narayan Sahni, Manoj Mukhiya@ Manoj Sahni and Jay Kishore Sahni have been granted bail vide order dated 03.07.2023 passed in Criminal Miscellaneous No. 40385 of 2023 and other co-accused, namely, Nawal Sahni has been granted bail vide order dated 28.07.2023 passed in Criminal Miscellaneous No. 40514 of 2023 by Co-ordinate Benches of this Court. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ashok Paper Mill P.S. Case No. 27 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge 1st (Excise Act), Darbhanga, subject to condition as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.72714 of 2023(2) dt.09-11-2023 3/3 Cr.P.C.

(Khatim Reza, J) Sankalp/- U T