Bhagaynarayan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26313 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -EAST CHAMPARAN GRP CASE DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhagaynarayan Sahni, Son of Girdhari Sahni, Resident of VillageRasulganj, P.S..- Motipur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

22.150 litres of foreign liquor is said to have been recovered from the two bags kept beneath the seat of the petitioner in the railway coach and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the bags in question. He had no knowledge of keeping of the aforesaid bags beneath his seat.

Patna High Court Cr.Misc. No.26313 of 2018 (2) dt.03-05-2018 2/2 He has been falsely implicated in the case by the GRP personnel due to some altercation followed by refusal to cough up the demand of graft made by the GRP personnel. He has no criminal antecedent. He has been languishing in custody since 26.02.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Addl. District and Sessions Judge cum Special Judge, Excise, East Champaran, Motihari in connection with Rail Motihari P.S. Case No. 09 of 2018.

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