Madan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83401 of 2023 Arising Out of PS. Case No.-566 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Madan Sahni Son Of Late Bhikan Sahani Village- Mirjapur Ps- Tajpur DistSamastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 2 litres of country made liquor from the shop.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Nothing incriminating article has been recovered from his conscious possession. There is no independent witness of the alleged

Patna High Court CR. MISC. No.83401 of 2023(2) dt.04-01-2024 2/2 seizure. Moreover, the petitioner is languishing in judicial custody since 01.10.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as meagre quantity of liquor has been recovered, this court is inclined to enlarge the petitioner on bail. The above named petitioner is 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 Special Judge (Excise II), Samastipur in connection with Tajpur P.S. Case No. 566 of 2023.

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