Patna High CourtCR. MISC./68205/2023bail granted

Mantosh Sahni v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68205 of 2023 Arising Out of PS. Case No.-486 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== MANTOSH SAHNI Son of Shiv Narayan Sahani @ Shiv Narayan Chaudhary Resident of Village - Ghoghraha Bairiya, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 486 of 2023, registered for the offence punishable under Sections 272, 273, 353, 504, 34 of the Indian Penal Code and sections 30(a), 30(D), 32, 36, 41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution, the recovery is of 350 litres of spirit from the possession of the petitioner. Petitioner is in judicial custody since 03.08.2023.

4. Learned APP has vehemently opposed the prayer for bail.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68205 of 2023(2) dt.18-10-2023 2/2 petitioner has offered to deposit Rs. 50,000/- in Ram Krishna Mission Sevashrama, Swami Vivekanand Path, Bela, Muzaffarpur, Bihar-842002.

6. Let the petitioner above named, be released on bail after completing six months in custody, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.-1 Motihari, Eas Champaran in connection with Harsidhi P.S. Case No. 486 of 2023.

7. Petitioner bail bond shall be accepted only after he produces the receipt of deposit amount issued by Ram Krishna Mission, Sevashrama, Swami Vivekanand Path, Bela, Muzaffarpur, Bihar-842002.

8. This is also subject to the condition that the petitioner shall mark his presence in Harsidhi Police Station, District- Motihari, East Champaran on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T