Ravi Sahni @ Ravi Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6037 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -GANGTA District- MUNGER ======================================================
1. Ravi Sahni @ Ravi Sahani Son of Late Chhathu Sahni Resident of Mohalla-Laldarwaza, P.S.-Kotwali, District-Munger, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.
The petitioner seeks regular bail in connection with Gangta P.S. Case No. 49 of 2016 registered for the offence punishable under Section 30(a) of the Bihar Excise (Amendment) Act, 2016.
The informant of this case happens to be Police officer who, in course of checking the vehicle, apprehended few vehicles which were indulged in carrying liquors. The petitioner was found sitting in a Tata Sumo Victa vehicle in which police recovered foreign liquor in some cartoon.
Learned counsel for the petitioner submits that this
Patna High Court Cr.Misc. No.6037 of 2017 (2) dt.01-03-2017 2/3 petitioner was allegedly found sitting in the said Tata Sumo Victa vehicle. The driver, however, escaped leaving the vehicle. The seizure list does not bear signature of any independent witness. The alleged seizure list bears signature of police party which makes the case of seizure doubtful. The alleged seizure list was neither made in his presence nor it bears his signature. The petitioner is a poor fisherman and he is in custody since 24.10.2016. Learned counsel for the petitioner further submits that similarly situated co-accused have already been granted bail vide order dated 19.01.2017 and 15.02.2017 in Criminal Miscellaneous No. 1791 of 2017 and 6607 of 2017 passed by another co-ordinate Bench of this Court.
Learned APP for the State, on the other hand, opposed the prayer of bail.
Considering the facts and circumstances of the case as also the fact that the other similarly situated co-accused have already been granted the privilege of bail, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Munger
Patna High Court Cr.Misc. No.6037 of 2017 (2) dt.01-03-2017 3/3 in connection with Gangta P.S. Case No. 49 of 2016. (Sanjay Kumar, J) ajaypd./- U T