Laggi Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24436 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== LAGGI SAHANI Son of Late Chandradev Sahani Resident of VillageAkauna, P.S.- Chiraiya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

Mrs.Rashmi Jha, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Excise Case No.02 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Altogether 32 liters of country made liquor is said to have been recovered from the temporary shop of the petitioner. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.24436 of 2021(2) dt.05-07-2021 2/3 petitioner is quite innocent and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to police mechanism at the instance of his enemies. It is further submitted that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. The said recovery has been made from road side opposite of his shop, in abandoned condition. Petitioner has three criminal antecedent of similar nature and has been languishing in custody since 03.01.2021.

Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, East Champaran, Motihari, in connection with Excise Case No.02 of 2021, with the following conditions:-

Patna High Court CR. MISC. No.24436 of 2021(2) dt.05-07-2021 3/3 (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial, failing which, his bail bonds shall be liable to be cancelled by the learned court concerned.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T