Nandlal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71911 of 2022 Arising Out of PS. Case No.-650 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== NANDLAL SAHNI SON OF KISHORI SAHNI R/O VILLAGEBALUGHAT LOHSARI, P.S.- L.N.M.U. (UNIVERSITY), DISTRICTDARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise No. 650 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 216 liters of illicit liquor from from the side of the road in question and it is alleged that after the petitioner was apprehended and he had disclosed about the place where he had hid the illicit liquor, the same was recovered.

Patna High Court CR. MISC. No.71911 of 2022(2) dt.09-02-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 12.10.2022. The learned counsel for the petitioner has further submitted that the illicit liquor has not been recovered from the conscious possession of the petitioner, nonetheless, he has been falsely implicated in the present case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of the incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.71911 of 2022(2) dt.09-02-2023 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-1st (Excise Act), Darbhanga in connection with Excise No. 650 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T