Patna High CourtCR. MISC./72370/2023allowed

Sandeep Sahni v. The State Of Bihar

2023-11-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72370 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Sandeep Sahni S/O Beer Sahni Resident Of Village Salwa Chainpatti Ps Taraiya Sujan, Distt - Kushi Nagar (Up) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 432 liters of illegal liquor which was kept beside the river.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine in question and the place of occurrence does not belongs to the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case. He further submitted that no incriminating article has been

Patna High Court CR. MISC. No.72370 of 2023(2) dt.09-11-2023 2/2 recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 13.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Vishambharpur P.S. Case No. 155 of 2023.

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