Dinesh Sahni @ Billa Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69608 of 2022 Arising Out of PS. Case No.-76 Year-2022 Thana- KADAMKUAN District- Patna ====================================================== Dinesh Sahni @ Billa Sahni S/O Late Ram Babu Sahni @ Late Lal Babu Sahni R/O Rajendra Nagar Gumti, P.S- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-03-2023 Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Kadamkuan P.S. Case No. 76 of 2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution, the police personnel on secret information apprehended this petitioner alongwith co-accused persons and recovered 5.760 litres of foreign liquor. The main submissions advanced by learned counsel for petitioner are that as per the FIR the instant matter relates to

Patna High Court CR. MISC. No.69608 of 2022(2) dt.21-03-2023 2/2 recovery of 5.760 litres of wine and the same was recovered from house of co-accused Golu Kumar and as per the FIR the petitioner was not apprehended at the spot and his name was revealed by local persons who gathered when the police raided the house of the co-accused Golu Kumar and accordingly there is no evidence against the petitioner and though against him there are criminal antecedents of several cases but he has been granted bail in all the said cases.

Learned APP for the State has opposed the bail prayer. Considering the above submissions and mainly the petitioner's custody period and the nature of allegation appearing against him, he deserves to the privilege of bail. Accordingly, let the petitioner named above be enlarged on bail after framing of charge, if the same has not been framed, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Kadamkuan P.S. Case No. 76 of 2022. (Shailendra Singh, J) Shahnawaz/- U T