Patna High CourtCR. MISC./69682/2023allowed

Doma Sahani @ Doma Sahni v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69682 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== DOMA SAHANI @ DOMA SAHNI S/O DAHAU SAHANI @ DAHAUR SAHNI R/O VILLAGE- DHANGA PURAB, P.S- ARER, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273, 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act.

3. According to the prosecution, the petitioner is said to have been apprehended with a motorcycle from where, total 90 liters of illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery

Patna High Court CR. MISC. No.69682 of 2023(2) dt.03-11-2023 2/2 or with the vehicle in question. No any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 30.8.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

7. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kaluahi P.S. Case No. 178 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Madhubani.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T