Patna High CourtCR. MISC./11286/2024bail granted

Sachin Kumar @ Polo Sahni @ Sachin Kumar Sahni v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11286 of 2024 Arising Out of PS. Case No.-215 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Sachin Kumar @ Polo Sahni @ Sachin Kumar Sahni, S/o Fulchandra Sahni Village- Manjhaul (Asptal Tola), P.S.. Cheriya Bariyarpur, Distt. Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Jamuar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Cheriya Bariyarpur P.S. Case No. 215 of 2023, instituted for the offences punishable under Sections 188, 290 of the Indian Penal Code, Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 90 liters liquor was recovered from from the field of Kanhaiya Singh and nobody was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of liquor. The

Patna High Court CR. MISC. No.11286 of 2024(2) dt.22-02-2024 2/2 petitioner is in custody since 05.12.2023 and has got three criminal antecedents in which the petitioner is on bail in all the cases. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cheriya Bariyarpur P.S. Case No. 215 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T