Bittu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76513 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Bittu Sahani Son of Ramji Sahani @ Ramaji Sahani Resident of VillageKatha Loknathpur Ward No. 10, P.S.- Muffasil, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar Mr.Hemant Ray For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2024

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

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32 and 41(i) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 200 litres of liquor from a place near bank of Sikrahna river.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on secret information, which is the easiest way

Patna High Court CR. MISC. No.76513 of 2024(2) dt.06-12-2024 2/2 to implicate someone and petitioner is in custody since 28.08.2024.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Motihari, East Champaran in connection with Lakhaura P. S. Case No.73 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T