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Patna High CourtCR. MISC./23211/2018bail granted

Surendra Sahni v. The State Of Bihar

2018-04-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23211 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -TARIYANI CHAPRA PS District- SHEOHAR ======================================================

1. Surendra Sahni Son of Late Beni Sahni Resident of Village - Lohsurka, Police Station - Tariyani, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Tariyani Chhapra P.S. Case No.05 of 2018 registered under Section 30(a), 32 (c), 37 (b) & 38 of the Bihar Prohibition and Excise Act, 2016. 200 liters of country made liquor is said to have been recovered from the motorcycle near the Krishna Temple located near the Kumhrar Chowk and some persons managed to escape while two other including the petitioner were apprehended and petitioner was found in inebriated condition. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.23211 of 2018 (02) dt.26-04-2018 2/2 conscious physical possession of the petitioner. He has been falsely implicated in this case by the police merely on suspicion. He had not consumed liquor. He has no concern with the seized liquor or the motorcycle. He has no criminal antecedent and has been languishing in custody since 14.02.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 1st-cumSpecial Judge, Sheohar in connection with Tariyani P.S. Case No. 05 of 2018.

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