Bambam Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27940 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Bambam Sahni , son of Hiralal Sahni, Resident of village - Maksoodanpur Bhadaiya, P.S.- Mohiuddinnagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Sri Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2018 Heard Sri Abhay Shankar Singh, learned counsel for the petitioner and learned A.P.P.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition and in custody since 28.2.2018, has prayed for grant of bail in connection with Excise Case No. 70 of 2018, registered for the offence under Sections 30(a), (d) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that nothing was recovered from either conscious possession of the petitioner or from premises of the petitioner, rather, in the case, it was shown as if behind the back of the house of the petitioner about 35 liters of country made liquor was concealed and since

Patna High Court Cr.Misc. No.27940 of 2018(2) dt.08-05-2018 2/2 petitioner was the occupant of the house from behind of which country made liquor was recovered, petitioner has falsely been implicated in the present case.

Be that as it may, considering the nature of accusation, clean antecedent of the petitioner as well as period of custody, let the petitioner - Bambam Sahni be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge - cum- Special Judge, Excise Act, Samastipur / concerned court in connection with Excise Case No. 70 of 2018.

(Rakesh Kumar, J) praful/- U T