Patna High CourtCR. MISC./82279/2023allowed

Praduman Sahni v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82279 of 2023 Arising Out of PS. Case No.-452 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Praduman Sahni Son Of Ramashish Sahni Resident Of Village - Noneya Nayka Hotel, P.S. - Paharpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 7050 liters of spirit from a container vehicle bearing Reg. No. NL01N2132.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. His name has come on the basis of disclosure made by apprehended co-accused person before the police. The petitioner was not apprehended on spot and also nothing has been recovered from the conscious

Patna High Court CR. MISC. No.82279 of 2023(2) dt.20-12-2023 2/2 possession of the petitioner. He has no concern with the seized article. Moreover, he is languishing in judicial custody since 23.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Paharpur P.S. Case No. 452 of 2022 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 Court No.1, Motihari, East Champaran.

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