Patna High CourtCR. MISC./74526/2023allowed

Sanjay Sahani v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74526 of 2023 Arising Out of PS. Case No.-246 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Sanjay Sahani Son Of Late Ramdayal Sahani Resident Of Village - Khetapur Pethiya Gachhi, P.S.- Sarairanjan, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 10.500 liters of country made liquor from a plastic bag kept in a semiconstructed house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. He was not apprehended on spot. Moreover, the petitioner is languishing in judicial custody

Patna High Court CR. MISC. No.74526 of 2023(2) dt.02-12-2023 2/2 since 07.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sarairanjan P.S. Case No. 246 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge Excise Court No.2, Samastipur.

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