Byas Sahani @ Jai Narayan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71208 of 2019 Arising Out of PS. Case No.-315 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== BYAS SAHANI @ JAI NARAYAN SAHANI S/o Babulal Sahani, R/o village- Mehwa, P.S.- Lakhaura, District- East Champaran ( Byas Sahani @ Jai Narayan Sahani aged 35 years Mala S/o Babulal Sahani R/o villageMehwa, P.S.- Sugauli, District- East Champaran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Muffasil [Lakhaura] P.S. Case No. 315 of 2019 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 39 liters of illicit liquor from a motorcycle and the name of the petitioner is stated to have transpired in the present case, after the passers by had informed the police that the person who had fled away was the petitioner.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that neither the motorcycle nor the illicit

Patna High Court CR. MISC. No.71208 of 2019(2) dt.13-01-2020 2/2 liquor belongs to the petitioner and the petitioner has been roped in the present case on account of village rivalry. It is further submitted that though the petitioner is accused in one other case, but he is on bail in the said case. The petitioner is stated to be languishing in custody since 18.09.2019.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner coupled with the fact that no recovery has been made from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge cum Special Judge Excise, East Champaran, Motihari in connection with Muffasil [Lakhaura] P.S. Case No. 315 of 2019. (Mohit Kumar Shah, J) Tiwary/- U