Patna High CourtCR. MISC./74856/2023dismissed

Rajesh Sahni @ Rajesh Sahani v. The State Of Bihar

2024-02-27Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74856 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== RAJESH SAHNI @ RAJESH SAHANI S/O CHARITRA SAHNI @ CHALITAR SAHNI R/O VILL-SOHAIL CHHAPRA, P.S.-TURKAULIYA, DIST.-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 249 of 2023 registered for the offence under Section 304, 308, 328, 201/34 of the Indian Penal Code and later Sections 272 and 273 of the Indian Penal Code an Sections 30(a), 34, 37, 41 of the Bihar Prohibition and Excise Amendment Act were also added.

3. As per the prosecution case, the petitioner is involved in the business of illicit liquor and consuming the illicit liquor, four persons have died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.74856 of 2023(3) dt.27-02-2024 2/2 this case.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 27.07.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail by contending that during investigation it has come that the petitioner used to book the illicit liquor/ materials to prepare the illicit liquor from New Delhi and he has a Godown at New Delhi also.

7. Considering the fact that the petitioner is involved int eh smuggling of materials used to prepare illicit/spurious liquor and consuming the same, four persons died, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. The trial Court is directed to expedite the trial of the petitioner and conclude the same at the earliest. If there is no sufficient progress in the trial due to the fault of the prosecution side then the petitioner may renew his prayer for grant of bail.

(Sandeep Kumar, J) Vikas/- U T