Shankar Sahni @ Shankar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.706 of 2023 Arising Out of PS. Case No.-318 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Shankar Sahni @ Shankar Sahani S/O Ramkhelawan Sahni, R/O Gopinath, Mukundpur, P.S.- Jandaha, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode The petitioner seeks regular bail in connection with Jandaha P.S. Case No. 318 of 2022 lodged under Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, recovery of 542.88 litre wine, 453.750 liter wine, 8 liter wine and 8 liter wine are being made from vehicles and motorcycles separately.

Counsel for the petitioner submits that antecedent of the petitioner is clean and one of the bike recovered on whom recovery of wine has been made. Counsel further submits that petitioner is aged about 64 years and his name has come in this

Patna High Court CR. MISC. No.706 of 2023(2) dt.25-03-2023 2/2 case only and only that his son is involved in such type of illegal activities whereas antecedent of the petitioner is clean. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned court of Exclusive Special Excise, Court No.1-cum-Addl. District & Sessions Judge, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 318 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T