Guddu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77343 of 2023 Arising Out of PS. Case No.-446 Year-2023 Thana- BARH District- Patna ====================================================== Raghunath Ray @ Ramnath Rai S/o Late Lalbahadur Ray @ Lalo ray R/o village- Pachiyari Malahi, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest 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 petitioner has antecedent of one case and the allegation is of recovery of 135 litres of liquor from a maize field and certain articles from the house of the petitioner. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that the house from which the alleged articles were recovered does not belong to the petitioner nor petitioner is owner of the maize field. He came to be implicated at the instance of villager,

Patna High Court CR. MISC. No.77343 of 2023(3) dt.20-02-2024 2/2 but then the FIR does not disclose the name of villager who disclose the name of the petitioner which cast an aspersion on the case of the prosecution.

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

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, 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 the learned Special Judge Excise Act, Barh, Patna in connection with Barh P.S. Case No. 446 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) vinita/- U T