Naresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21761 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== Naresh Sahni S/o Kusheshwar Sahni, R/o village- Simiriya Bhindi, P.S.- Kalyanpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kalyanpur P.S. Case no. 11 of 2018 registered under Sections 272, 273, 414 of the Indian Penal Code and Sections 38, 47, 30(a), 38(1), 38(2) (III) of Bihar Prohibition & Excise Act-2016. 241.220 lts. of foreign liquor is said to have been recovered from the poultry farm-cum-residential house of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. The house from where the aforesaid liquor is

Patna High Court Cr.Misc. No.21761 of 2018(2) dt.17-04-2018 2/2 said to have been recovered, is inhabited by several other family members of the petitioner and he had no knowledge of keeping the aforesaid liquor in the said house. He has no criminal antecedent. He has been languishing in custody since 23.01.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. Sessions Judge-cum-Special Judge, Excise Act, Samastipur in connection with Kalyanpur P.S. Case no. 11 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T