Gyani Sadai @ Gyani Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1583 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Gyani Sadai @ Gyani Sahu S/O Late Ram Prasad Sadai R/O VillageShubhankarpur, P.S- Pandaul, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail registered under section 30(a), of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 24 liter illegal liquor from a tempo and the petitioner was also apprehended on the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is submitted that nothing incriminating has been recovered from the conscious possession of the petitioner and he has no concern with the seized illicit liquor. It is further submitted that the

Patna High Court CR. MISC. No.1583 of 2024(2) dt.24-01-2024 2/3 petitioner is not the owner of the said vehicle. There is no independent witness of the seizure list. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.10.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 5,000/- (Rs. Five Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Manigacchi P.S. Case No. 225 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II, Excise Act, Darbhanga.

The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit

Patna High Court CR. MISC. No.1583 of 2024(2) dt.24-01-2024 3/3 of Rs. 5,000/- (Rs. Five Thousand) by the petitioner in the account of concerned DLSA.

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