Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13196 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Rajesh Sahani Sonof Kishori Sahani Resident of Village - Narwara, P.s.- Tariyani, Distt.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nasim Yahya, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Tariyani P.S. Case No. 285 of 2021 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The accused/petitioner is named in the F.I.R. and is in custody since 10.12.2021.

The allegation against the petitioner is to involve in illegal trading of illicit country made liquor and while doing so, found in possession of 2 liters of country made Chulai liquor. Learned counsel appearing on behalf of the petitioner submitted that as per the seizure list, the said country made liquor is seized from open place and not from the premises of

Patna High Court CR. MISC. No.13196 of 2022(2) dt.24-06-2022 2/3 the petitioner. It has further been submitted that petitioner is involve in two cases of similar nature in which he is on bail. While concluding the argument, it has further been submitted that chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the recovery has not been made from the premises of the petitioner.

Considering the facts and circumstances as mentioned above, as the recovery of alleged illicit country made liquor has not been made from the premises of the petitioner coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Tariyani P.S. Case No. 285 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.13196 of 2022(2) dt.24-06-2022 3/3 Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Kishori Sahani, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T