Pramod Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24389 of 2018 Arising Out of PS.Case No. -89 Year- 2017 Thana -ALINAGAR District- DARBHANGA ====================================================== Pramod Kumar Sahni, son of Bhola Sahni, Resident of Village- Joighatta, Police Station- Bahera, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Subhas Singh For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 284/34 of the Indian Penal Code and Sections 30(a), 30(c), 30(d), 32(i), 33, 34(a), 34(b), 36, 38(i) and 44 of the Bihar Prohibition and Excise Act, 2016.

160 litres of country made liquor, chemical tablet, furnace, gas cylinder and other articles were recovered from the house of Manoj Kumar Sahni while 5 litres of country made liquor was recovered from the house of Raj Kumar Sahni. Said Manoj Kumar Sahni was apprehended who disclosed the name of the petitioner as one of his accomplices involved in brewing liquor.

Patna High Court Cr.Misc. No.24389 of 2018 (2) dt.01-05-2018 2/2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. He has also no concern with any activity of brewing liquor. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused Manoj Kumar Sahni. He has no criminal antecedent. He has been languishing in custody since 28.02.2018. Said Manoj Kumar Sahni has been enlarged on bail by learned lower court. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Darbhanga in connection with Ali Nagar P.S. Case No. 89 of 2017, G.O. Excise Case No. 1659 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T