Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75201 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== 1.

Rajesh Sahani S/O- Upendra Sahani Village- Pandasarai Ps- Laheriyasarai Dist- Darbhanga 2.

Rahul Sahani son of Asharfi Sahani @ Ashrfi Sahni Village- Pandasarai PsLaheriyasarai Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 90 litres of illicit country made liquor from two stolen motorcycles which were driven by the petitioners.

Patna High Court CR. MISC. No.75201 of 2023(2) dt.30-11-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern either with the seized motorcycles or the illicit liquor. The petitioners are languishing in custody since 12.09.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Madhwapur P.S. Case No.

Patna High Court CR. MISC. No.75201 of 2023(2) dt.30-11-2023 3/3 97 of 2023.

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