Devendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78367 of 2024 Arising Out of PS. Case No.-641 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Devendra Sahani Son of Yogendra Sahani Village- Panapur Kathaiya Ranjita P.S.- Harsidhi District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in a case under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. As per allegation in the FIR, total 300 liters of Nepali illicit liquor has been recovered from the house of co-accused Shambhu Mahto.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that he has not been arrested at the spot nor anything has been recovered from his conscious possession of the petitioner. He next submits that similarly situated co-accused

Patna High Court CR. MISC. No.78367 of 2024(2) dt.07-02-2025 2/2 have been granted bail and anticipatory bail by this Court passed in Cr. Misc. No. 39617 of 2024 and 22232 of 2024. Petitioner is in custody since 30.03.2024.

Learned APP for the State opposes the prayer for regular bail of the petitioner.

In view of the fact that similarly situated co-accused persons have also been granted bail by this Court, let the above named petitioner be released on bail 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.01, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 641 of 2023 (Trial No. 454(A) of 2024). (Ramesh Chand Malviya, J) Brajesh Kumar/- U T