Mohan Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.550 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- KHIRHAR District- Madhubani ====================================================== Mohan Kumar Sahni Son Of Shibji Sahani R/V- Sathgow Madhubani Tol, P.S- Harlakhi Dist- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Mr. Gagan Deo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 89.7 litres of Nepali liquor from a Motorcycle.

It is submitted by learned counsel for the petitioner that nothing incriminating has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.550 of 2023(2) dt.29-03-2023 2/3 Petitioner has no concern either with the alleged motorcycle or with the seized illicit liquor. Moreover, he is languishing in judicial custody since 20.09.2022. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of petitioner and submitted that petitioner was apprehended on the spot. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Khirhar P.S. Case No. 60 of 2022. The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted

Patna High Court CR. MISC. No.550 of 2023(2) dt.29-03-2023 3/3 by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority of concerned District.

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