Patna High CourtCR. MISC./70583/2019bail granted

Rakesh Kumar Sahni v. The State Of Bihar

2019-12-04Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70583 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Rakesh Kumar Sahni Son of Late Bilash Sahni Resident of Village- Banthu West, P.S.- Bhagwanpur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 208 of 2019 registered for the offence punishable under Section 30 (a) of Bihar Prohibition & Excise Act-2018.

30 lts. of country made liquor is said to have been recovered from the Bathan of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the Bathan in question. The

Patna High Court CR. MISC. No.70583 of 2019(2) dt.04-12-2019 2/2 aforesaid Bathan is open place and easily accessible to all. He has been falsely implicated in this case merely on suspicion while he was passing through the place of occurrence at the time of occurrence. Petitioner has no criminal antecedent and has been languishing in custody since 16.08.2019. On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeII-cum-Special Judge, Excise, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 208 of 2019.

(Prakash Chandra Jaiswal, J) rohit/- U T