Kundan Sahani v. The State of Bihar

Patna HC22 Feb 2024CR. MISC./10850/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.10850 of 2024, decided 22-02-2024 by Justice Rudra Prakash Mishra. Kundan Sahani v. The State of Bihar. Bail application under S. 30(a), Bihar Prohibition and Excise (Amendment) Act, 2022; Hasanpur P.S. Case No. 141 of 2022, Samastipur; 158.400 litres foreign liquor recovered from Bolero Pick-up (BR-31G-9691); custody since 16.12.2023; charge-sheet filed; S. 100 Cr.P.C. compliance raised; bail allowed on Rs.10,000/- bond with two sureties.

What did the court decide?

Bail granted: petitioner to 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 the Court below/concerned Court in connection with Hasanpur P.S. Case No. 141 of 2022. ¶¶23

Kundan Sahani Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10850 of 2024

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Arising Out of PS. Case No.-141 Year-2022 Thana- HASANPUR District- Samastipur

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======================================================

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Kundan Sahani Son of Brijmohan Sahni @ Braj Mohan Sahni R/o vill - Bajitpur Bambaiya, ward no. 10, P.S. - Bibhutipur, Distt. - Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Anant Kumar Mishra, Adv. For the Opposite Party/s : Ms.Meena Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 22-02-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Hasanpur P.S. Case No. 141 of 2022 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2022.

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As per prosecution case, the police as recovered 158.400 liter foreign liquor from the Bolero Pick-up vehicle bearing Registration No. BR-31G-9691.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

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the present case. He further submits that nothing

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Patna High Court CR. MISC. No.10850 of 2024(2) dt.22-02-2024 2/3

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incriminating has been recovered from the conscious possession of the petitioner. The petitioner was not arrested from the place of occurrence. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation. The petitioner is not the owner of the alleged vehicle and has no concern with the alleged seized liquor or the vehicle. The petitioner has five criminal antecedents as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 16.12.2023. Charge-sheet has been submitted in this case.

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Learned A.P.P. for the State has vehemently

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opposed the prayer for grant of bail to the petitioner.

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Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

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Patna High Court CR. MISC. No.10850 of 2024(2) dt.22-02-2024 3/3

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satisfaction of Court below/concerned Court in connection

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with Hasanpur P.S. Case No. 141 of 2022.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Kundan Sahani v. The State of Bihar

Case brief

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What did the court decide?

Kundan Sahani v. The State of Bihar

Case brief

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