Devendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85321 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Devendra Sahani Son of Jailal Sahani R/O Vill.- Sarsawa ghat, P.S.- Chiraiya, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30 (a) of the Bihar Prohibition and Excise (amendment) Act, 2022.

3. The case of the prosecution is that from a three motorcycles, altogether 360 liters of nepali liquor was recovered. All the accused persons managed to escape except this petitioner. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial

Patna High Court CR. MISC. No.85321 of 2024(2) dt.07-01-2025 2/2 custody since 15.05.2024 and he has no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lakhaura P.S. Case No. 51 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge- I, East Champaran at Motihari. (Ashok Kumar Pandey, J) Jagdish/- U T