Patna High CourtCR. MISC./70936/2024bail granted

Shiv Sahni v. The State Of Bihar

2024-12-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70936 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- ARER District- Madhubani ====================================================== Shiv Sahni S/o Ramchandra Sahni R/o Village- Ekatara, P.S.- Arer, Dist.- 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.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2024

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

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 274, 275, 3(5) of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 378 litres of liquor from a bamboo orchard.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the bamboo orchard from where the liquor was recovered. It is further submitted that he came to be implicated at the instance of local villager, but then, the name of the person, who disclosed

Patna High Court CR. MISC. No.70936 of 2024(3) dt.06-12-2024 2/2 the name of the petitioner is not disclosed in the F.I.R., which cast an aspersion on the case of the prosecution and petitioner is in custody since 30.08.2024.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Madhubani in connection with Arer P. S. Case No.90 of 2024, G.R. 1014 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T