Patna High CourtCR. MISC./88191/2024bail granted

Ashok Sahni @ Ashok Kumar Sahni v. The State Of Bihar

2025-01-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88191 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- ARER District- Madhubani ====================================================== Ashok Sahni @ Ashok Kumar Sahni Son of Ram Ratan Sahni Resident of village - Aktara, P.S.- Arer, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Pallavi, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Arer P.S. Case No. 147 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 180 litres of illicit Nepali liquor has been recovered from from the bushes. It is alleged that the petitioner was arrested on spot.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner or from his house rather the recovery has been made from the open place i.e. from bushes.

Patna High Court CR. MISC. No.88191 of 2024(2) dt.08-01-2025 2/2 The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 14.11.2024 and has one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Arer P.S. Case No. 147 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T