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Patna High CourtCR. MISC./76897/2023allowed

Manoj Sahni v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76897 of 2023 Arising Out of PS. Case No.-184 Year-2023 Thana- Excise P.S. District- Sheohar ====================================================== 1.

Manoj Sahni Son Of Late Baleshwar Sahni Resident Of Village- Salempur, Sahni Tola, Ward No. 9, P..S.- Tariyani, District- Sheohar 2.

Rajgeer Sahni Son Of Kishori Sahni @ Kishori Sahani Resident Of VillageSalempur, Sahni Tola, Ward No. 9, P..S.- Tariyani, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 30(a), 30(c) and 45 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 60 liters of illegal country-made liquor from a Hut.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners have either no concern either with the seized vehicle or with the wine in question. No incriminating article has been recovered

Patna High Court CR. MISC. No.76897 of 2023(2) dt.04-12-2023 2/2 from the conscious possession of the petitioners. On the basis of suspicion, petitioners have been implicated in the present case. They are languishing in judicial custody since 01.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Excise P.S. Case No. 184 of 2023.

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