Patna High CourtCR. MISC./74155/2024bail granted

Dhurendra Sahani v. The State Of Bihar

2024-12-13Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74155 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Dhurendra Sahani S/o- Gopal Sahani Vill - Hathiyahi Ps - Pipakothi, DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 272, 273, 308, 328 of the Indian Penal Code read with Sections 30(a), 30(d), 41(1) of the Bihar Prohibition and Excise Act, registered in connection with Piprakothi P.S. Case No. 41 of 2024.

3. As per prosecution case, on secret information received that the petitioner along with others are making and

Patna High Court CR. MISC. No.74155 of 2024(2) dt.13-12-2024 2/3 selling illegal liquor from their house. Thereafter, the police party reached at that place and there has been recovery of 50 liters of country-made liquor from a gallon and destroyed approx 1,000 liters pass.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. Petitioner was not apprehended on spot. Petitioner has no concern with the alleged recovery of liquor. On the basis of suspicion, petitioner has been made accused in this case. No incriminating article has been recovered either from his possession or from his house. The petitioner has been remanded in this case from Piprakothi P.S. Case No. 209 of 2023 on 08.08.2024 since then he is languishing in judicial custody.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 41 of 2024, subject to

Patna High Court CR. MISC. No.74155 of 2024(2) dt.13-12-2024 3/3 the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T