Budhan Sahni @ Budhan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.14620 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== BUDHAN SAHNI @ BUDHAN SAHANI S/o Sukdev Sahani R/o VillageBalua Tola, P.S.- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-08-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Jadopur P.S. Case No.17/2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case in brief is that the informant who is ASI of Yadavpur police station has given a written application to the S.H.O., Yadavpur police station stating therein that on 29.01.2020 at about 5.15 pm he along with other police

Patna High Court CR. MISC. No.14620 of 2021(3) dt.03-08-2021 2/3 forces were on patrolling duty and received an information that one motorcycle rider will go with illegal wine from Bishunpur to Gopalganj. It is alleged that on the basis of said information the informant reached at the village Bishunpur and started checking of vehicles and saw that one person was coming riding on a motorcycle with plastic bag. It is further alleged that on seeing the police party the motorcycle rider left his motorcycle and succeeded to flee away. On search from the motorcycle 44 liters of illicit liquor was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that nothing has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery of illegal liquor and motorcycle. It is submitted that the petitioner is in custody in connection with this case since 28.04.2020.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein this Court has noticed that the petitioner is accused in 7 cases of similar nature apart from the present case, he has been identified by the local chowkidar and that he is getting

Patna High Court CR. MISC. No.14620 of 2021(3) dt.03-08-2021 3/3 involved in similar kind of offence while enjoying the privilege of bail, this Court is not inclined to release the petitioner on bail at this stage. The prayer for bail is, thus, refused. Let the trial be expedited. If the trial remains unconcluded for no reason attributable to the petitioner within nine months from the date of start of physical functioning of the court, the petitioner may renew his prayer for bail. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.