Rakesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12336 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== Rakesh Sahni Son of Gajendra Sahni R/O - Bhavadepur, Ward No.-18, P.S.- Riga, District- Sitamarhi- 843302.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sursand P.S. Case No. 07/2022 lodged under Section 414 the Indian Penal Code read with Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that total 36 liters country made wine were recovered from Auto Rickshaw on which petitioner was sitting as a passenger, the driver fled away and he being the innocent passenger arrested by the police. He further submits that charge sheet has already been submitted in the case and the petitioner is in custody since 04.01.2022 and having one criminal antecedent of the same nature, but, he submits that the petitioner is ready to file an

Patna High Court CR. MISC. No.12336 of 2022(2) dt.23-06-2022 2/2 affidavit that he shall not involve in such type of activities in future.

The learned A.P.P. for the State opposes the prayer for bail.

In the facts and circumstances of the case that charge sheet has already been submitted and petitioner is in judicial custody 04.01.2022, let the petitioner above named be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Sitamarhi, in connection with Sursand P.S. Case No. 07/2022 , subject to conditions:- The petitioner is directed to file an affidavit before the trial court that he shall not involve in such types of activity in future at the time of furnishing his bail bond. The prosecution is at liberty to file cancellation of bail, in case the petitioner violates his undertaking. (Dr. Anshuman, J) amitkumar/- U T