Rajan Sahni @ Ranjan Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11180 of 2024 Arising Out of PS. Case No.-639 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== 1.

RAJAN SAHNI @ RANJAN KUMAR SAHNI S/O SIYA RAM SAHNI R/O VILLAGE- BULAKIPUR, P.S- DALSINGHSARAI, DISTT.- SAMASTIPUR.

2.

SANJEET KUMAR S/O NAGESHWAR PRASAD SINGH R/O VILLAGEKESHOPATTI, P.S- KALYANPUR, DISTT.- SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioners seek bail in connection with Bidupur P.S. Case No. 639 of 2023, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per FIR, there is recovery of 738 litres of Indian Made Foreign from the white colour pick up van.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of

Patna High Court CR. MISC. No.11180 of 2024(2) dt.22-02-2024 2/3 the petitioners rather the same was recovered from a pickup van. It is further submitted that the petitioners have no concern with the alleged recovery of illicit liquor as well as vehicle in question. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. Petitioners are arrested on spot. It is further submitted that petitioners are a man of clean antecedent and they are in custody since 28.10.2023.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and submissions made on behalf of the petitioners, let the petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Bidupur P.S. Case No. 639 of 2023, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1-cum-Addl. District and Sessions Judge, Vaishali at Hajipur.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of

Patna High Court CR. MISC. No.11180 of 2024(2) dt.22-02-2024 3/3 this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) sanjeev/- U T