Sajan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7683 of 2022 Arising Out of PS. Case No.-319 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== Sajan Sahni Son Of Late Tetar Sahni Resident Of Village- Godiyari, Ward No. 17, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anshu Dhar Sharma, Adv For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap, A PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 30(c) of Bihar Prohibition and Excise Act, 2018.
Recovery is of one liter of country made liquor. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR that on the basis of disclosure made by the local Chowkidar one liter of country made liquor has been recovered from the Hut of co-
Patna High Court CR. MISC. No.7683 of 2022(2) dt.13-06-2022 2/3 accused, namely, Pramod Sahni and one liter of country made liquor has been recovered from possession of the petitioner and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 24.12.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carried five more cases other than the present one.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bakhri Police Station Case No.319 of 2021, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall
Patna High Court CR. MISC. No.7683 of 2022(2) dt.13-06-2022 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T