Phulchandra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12425 of 2022 Arising Out of PS. Case No.-713 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== PHULCHANDRA SAHNI S/o Phulo @ Sahni @ Fulo Sahni Resident of Village- Moein Kabir Nagar, P.S.- Khagaria (Chtraguptnagar),DistrictKhagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 29.11.2021, seeks regular bail in connection with Khagaria (Chitraguptanagar) P.S. Case No. 713 of 2021 registered for offences punishable under Sections 30(a), Bihar Prohibition and Excise Act. As per the allegation made in the FIR, altogether 4 litres of country-made liquor was recovered from a bag carried by one co-accused Gautam Kumar, who disclosed the name of the present petitioner.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.12425 of 2022(2) dt.15-06-2022 2/3 submits that petitioner is not involved either in the manufacturing of the liquor or its illicit sale in the State of Bihar. He has no concern with the alleged liquor which has been recovered from co-accused Gautam Kumar. Nothing has been recovered from the possession of the petitioner. He further submits that petitioner has been roped in the present case merely on suspicion and he is in custody since 29.11.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner. He submits that the trade of illicit liquor is rampant in the State of Bihar. In spite of complete prohibition in the State, due to consumption of illicit liquor, people at large are dying everyday and they are suffering from various physical disorder, as such it would not be in public interest to release the petitioner on bail.
Considering the nature of allegation made in the FIR, the alleged recovery was made from co-accused Gautam Kumar, who had disclosed the name of the petitioner, petitioner has remained in custody since 29.11.2021 on mere suspicion and the trial is not likely to be concluded in near future, the petitioner, above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.12425 of 2022(2) dt.15-06-2022 3/3 Special Judge, Excise I Khagaria in connection with Khagaria (Chitraguptanagar) P.S. Case No. 713 of 2021 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) 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. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(Purnendu Singh, J) Niraj/- U T