Gulten Sahani @ Manoj Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86003 of 2024 Arising Out of PS. Case No.-201 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Gulten Sahani @ Manoj Kumar Sahani S/O Ganesh Sahani Resident of Village - Majhariya P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-12-2024 Heard the parties.

2. The petitioner seeks bail in connection with Excise Case No. 201 of 2020 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The accused/petitioner is named in complaint petition and is in custody since 29.10.2024.

4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there are recovery of 35 liters of country made liquor and 3600 Kg illicit raw materials from the bank of

Patna High Court CR. MISC. No.86003 of 2024(2) dt.13-12-2024 2/3 river.

5. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor and raw materials appears to be made from the bank of river as per seizure list, where name of this petitioner surfaced on the basis of suspicion as raised by local Chaukidar/secret information. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above, as alleged illicit liquor and raw materials appears to be recovered from an open place, accessible by general public coupled with fact that chargesheet has already been submitted, where petitioner is in custody since 29.10.2024, accordingly, petitioner above named, is directed to be released on bail in connection

Patna High Court CR. MISC. No.86003 of 2024(2) dt.13-12-2024 3/3 with Excise Case No. 201 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, Motihari, East Champaran/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) saurabhkr/- U