Sajan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20127 of 2021 Arising Out of PS. Case No.-277 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== SAJAN SAHNI S/o 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.Arjun Prasad For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Bakhari Police Station Case No. 277 of 2020, registered for the offences punishable under Sections 30(a)/37(c) of the Bihar Prohibition and Excise Act, 2016.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the regular bail application of the petitioner was permitted to be withdrawn by this Court, vide order, dated 11.01.2021, passed in Criminal Misc. No. 30077 of 2020, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order. The allegation, as per the First Information Report, is that the police recovered 45 litres of illicit country-made wine from an orchard, allegedly belonging to the petitioner and coaccused Pappu Sahni.

Patna High Court CR. MISC. No.20127 of 2021(2) dt.28-07-2021 2/2 Learned Counsel for the petitioner submits that the illicit liquor has been recovered from the orchard, which is an open space, accessible to all and sundry. He further submits that the petitioner is in custody since 13.08.2020 and charge sheet has been submitted in this case and as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having regard to the submission made on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 13.08.2020, charge sheet has been submitted in this case and this the second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Begusarai, in connection with Bakhari Police Station Case No. 277 of 2020.

Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √