Rambabu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67444 of 2022 Arising Out of PS. Case No.-446 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Rambabu Sahani S/O Janakdeo Sahani Resident of village- Mehawa Chhaapara, P.S.- Sagauli, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Sugauli P.S. Case No.446 of 2022, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding the recovery of 16 litre of illicit liquor from the motorcycle of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he

Patna High Court CR. MISC. No.67444 of 2022(2) dt.08-02-2023 2/3 has been falsely implicated in the present case and he is languishing in custody since 17.10.2022. The learned counsel for the petitioner has further submitted that the petitioner is an accused in three other criminal cases, but he is on bail in the said three cases.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-1, Civil Court, East Champaran, Motihari in connection

Patna High Court CR. MISC. No.67444 of 2022(2) dt.08-02-2023 3/3 with Sugauli P.S. Case No.446 of 2022.

(Mohit Kumar Shah, J) kanchan/- U T