Madan Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.17871 of 2018 (2) dt.29-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17871 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -DEODHA District- MADHUBANI ====================================================== Madan Sahani, Son of Narayan Sahani @ Narayan Mukhiya, Resident of Village- Usarahi AMA Tol, P.S.- Deodha, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate. For the Opposite Party/s : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Deodha P.S. Case No. 115 of 2017 registered under Sections 272 and 273 of the Indian Penal Code and Sections 37(B) and 30(a) of the Bihar Excise Act.

The accusation is that, on receiving Secret information about doing the business of liquor near Amba Tol Canal, the informant and other police officials reached there and found that some articles kept there and two persons including the petitioner were present then police apprehended them. On search, 750 bottles each containing 300 ML of Nepali liquor were recovered. Learned counsel for the petitioner submits that it

Patna High Court Cr.Misc. No.17871 of 2018 (2) dt.29-03-2018 would appear from the F.I.R. that the alleged recovered Nepali country made liquor were not recovered from conscious possession of the petitioner rather he has been implicated in the present case mere on suspicion. It is further submitted that petitioner has no criminal antecedent and is in custody since 04.12.2017.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani, in connection with Deodha P.S. Case No. 115 of 2017. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T