Patna High CourtCR. MISC./72372/2023allowed

Pintu Kumar Sahani v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72372 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- LADANIA District- Madhubani ====================================================== Pintu Kumar Sahani Son Of Dhanik Sahni @ Dhaniklal Sahni R/O VillageSatdhara Station Road, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 88.200 litres of Nepali liquor from two motorcycles. Petitioner and other co-accused persons were apprehended on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the motorcycle in question. Nothing

Patna High Court CR. MISC. No.72372 of 2023(3) dt.31-01-2024 2/2 incriminating has been recovered from his conscious possession. There is no independent witness of the alleged seizure. He is languishing in judicial custody since 26.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 102 of 2023.

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