Ram Avtar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12733 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Ram Avtar Sahni Son of Late Bijan Sahni Resident of Village - Raipur Buzurg, P.S.- Sarairanjan, District - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise case No. 7 of 2019 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 60.39 litres of foreign liquor from the house of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to dirty local politics and enemies. It has been further submitted that alleged liquor does not belong to petitioner rather it has

Patna High Court CR. MISC. No.12733 of 2019(2) dt.06-03-2019 2/3 been recovered from the joint possession of the petitioner and his Pattidar. Petitioner has no criminal antecedent and he is in custody since 07.01.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 3rd -cum-Special Judge, Excise, Samastipur, in connection with Excise case No. 7 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on

Patna High Court CR. MISC. No.12733 of 2019(2) dt.06-03-2019 3/3 bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T