Bhagya Narayan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73767 of 2019 Arising Out of PS. Case No.-339 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

BHAGYA NARAYAN SAHNI Son of Asesar Sahni, Resident of Village - Bairiya, P.S.- Sahebganj, Distt.- Muzaffarpur. 2.

Sukeshwar Ram Son of Murat Ram Resident of Village - Subhanpur, P.S.- Sahebganj, Distt.- Muzaffarpur.

3.

Kundan Ram @ Tunna Ram Son of Pundev Ram Resident of Village - Subhanpur, P.S.- Sahebganj, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anita Kumari For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in connection with Sahebganj P.S. Case No. 339 of 2019 registered for the offence punishable under sections 272 and 273 of the Indian Penal Code and sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on receiving secret information when the informant reached the place of occurrence, a number of persons who were engaged in unloading the liquor from the truck made an attempt to escape.

Patna High Court CR. MISC. No.73767 of 2019(2) dt.20-11-2019 2/2 On enquiry, the witnesses took the name of petitioner nos. 1 and 2 amongst the 11 accused persons. It is further stated that petitioner nos. 2 and 3 had been engaged to unload the truck and they stated that the liquor belongs to one Pinku Lal @ Pintu Lal and Lal Babu Chaurasia, who had got the liquor from Haryana. It is submitted by learned counsel for the petitioners that allegations as levelled in the FIR are false and concocted. Even as per the allegations, the three petitioners were engaged as laborour to unload the truck. They have no criminal antecedent and are in custody since 07.08.2019. Having heard learned counsel for the parties, and in view of the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail.

The above named petitioners are 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 Special Judge (Excise), Muzaffarpur in connection with Sahebganj P.S. Case No. 339 of 2019.

(Partha Sarthy, J) sushma/- U T