Sarvesh Kumar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89691 of 2024 Arising Out of PS. Case No.-472 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Sarvesh Kumar Sahani Son of Shyamnath Sahani @ Shikilal Sahani @ Sikil Lal Sahani Resident of Vill- Mehwa, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sugauli P.S. Case No. 472 of 2024 dated 24.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, total 16 litres of illicit country-made liquor was recovered from the motorcycle of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the rider of the seized motorcycle. The petitioner has no concern with the alleged
Patna High Court CR. MISC. No.89691 of 2024(2) dt.18-02-2025 2/2 recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Sugauli P.S. Case No. 472 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T