Patna High CourtCR. MISC./77253/2019bail granted

Arjun Sahni v. The State Of Bihar

2019-12-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77253 of 2019 Arising Out of PS. Case No.-430 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Arjun Sahni, Son of Parmeshwar Sahni, Resident of Mohalla-Shahganj, Benta, P.S.-Lahariasarai, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasudeo Ram For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 16.10.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 86.76 litres of Indian Made Foreign Liquor was from the embankment of the pond when three persons including the petitioner were apprehended. It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner was apprehended from the place of recovery.

Patna High Court CR. MISC. No.77253 of 2019(2) dt.04-12-2019 2/2 Considering the suspicious nature of accusation and the fact that the recovery has not been made from physical conscious possession of the petitioner, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Darbhanga in connection with Laheriasarai P.S. Case No. 430 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T