Patna High CourtCR. MISC./71574/2024bail granted

Kishundeo Sahani @ Kishundev Sahni @ Kishandev Sahni v. The State Of Bihar

2024-12-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71574 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Kishundeo Sahani @ Kishundev Sahni @ Kishandev Sahni Son of Ganesh Sahni Resident of Village- Rajwahi, PS- Jadopur, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adesh Raj Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== 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 Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 157.800 litres of liquor from a bush.

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 even alleged recovery is from a place, which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on secret information, which is the easiest way to implicate someone and the petitioner is in custody since

Patna High Court CR. MISC. No.71574 of 2024(3) dt.06-12-2024 2/2 04.07.2024.

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 Additional District & Sessions Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj in connection with Vishambharpur P. S. Case No.84 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T