Mahangu Sahni @ Jitendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71734 of 2023 Arising Out of PS. Case No.-890 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Mahangu Sahni @ Jitendra Sahni, Son of Bhukhal Sahani, Resident of Village-Kataha, PS-Muffasil, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-11-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Trial no.1141 of 2023 (arising out of Muffasil P.S. Case no.890 of 2022) registered under section 30(b), 32 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, it is stated by the informant that on an information having been received a raid was conducted by the side of the bank of a river. Seeing the police personnel the accused persons managed to escape. A total of 1000 litres of raw material and 2 litres of liquor was recovered and the person who managed to escape was identified by local Chaukidar as the petitioner herein.

Patna High Court CR. MISC. No.71734 of 2023(2) dt.07-11-2023 2/2

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article was recovered from his possession. He has been falsely implicated in the case. The petitioner is in custody since 8.6.2023 and charge-sheet has been submitted in the case.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner being in custody for about 5 months since 8.6.2023, no incriminating article having been recovered from his possession and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Trial no. 1141 of 2023 (arising out of Muffasil P.S. Case no.890 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, East Champaran at Motihari.

(Partha Sarthy, J) avinash/- U T