Ramnaresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19562 of 2021 Arising Out of PS. Case No.-36 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAMNARESH SAHNI Son of Late Naga Sahani Resident of Village - Bairiya, P.O.- Parsapatti, P.S.- Sahebganj, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sahebganj P.S. Case No. 36 of 2020 registered for the offence punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of Bihar Prohibition of Excise Act. Allegation is recovery of 67.020 litres of foreign liquor from the Tata Magic Vehicle.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused Aman Kumar and Deepak Kumar. It has been further submitted that petitioner was not apprehended on the spot and nothing was recovered from his conscious possession. Similarly placed co-accused persons have

Patna High Court CR. MISC. No. 19562 of 2021(2) dt.26-03-2021 2/3 been granted bail by a co-ordinate Bench of this Court as contained in Annexure-2. Petitioner is in custody since 22.01.2021.

Considering the aforesaid facts and circumstances of the case, let petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Sahebganj P.S. Case No. 36 of 2020 subject to the conditions that:- ((1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail

Patna High Court CR. MISC. No. 19562 of 2021(2) dt.26-03-2021 3/3 the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/rajivU T