Sunil Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72854 of 2024 Arising Out of PS. Case No.-869 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Sunil Sahani Son of Chhathu Sahani Village- Jhakhiya, Ps- Sangrampur, Wrongly Been mentioned in impugned order in place of Ps- Banjariya, DistEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases and allegation is of recovery of 12.5 litres of liquor from a hut near Kharwa bridge. It is next submitted 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. It is
Patna High Court CR. MISC. No.72854 of 2024(2) dt.07-10-2024 2/2 submitted that once an accused is implicated in a case relating to excise the police starts implicating mechanically as petitioner came to be implicated based on secret information which is the easiest way to implicate someone.
4. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkaulia (B) P.S. Case No.869/2022.
(Satyavrat Verma, J) amit/- U T