Ritlal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24700 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== RITLAL SAHNI Son of Kamleshwar Sahani, Resident of village - Chintamanipur, P.S.- Vaishali, Distt.- Vaishali. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachin Kumar, Advocate For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Bochahan P.S. Case No. 61 of 2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 32(ii) of Bihar Prohibition and Excise Act, 2016. Earlier the bail prayer of the petitioner was rejected by a Bench of this Court vide order dated 18.08.2020 passed in Cr. Misc. No. 19939 of 2020 with observation that the petitioner, if so advised, may renew his prayer for bail after remaining one year in custody.

Patna High Court CR. MISC. No.24700 of 2021(2) dt.17-11-2021 2/3 Allegation against the petitioner is that he was carrying a truck from which 2172 litres of beer and 1341 litres of Indian made foreign liquor was recovered.

Learned counsel for the petitioner submits that petitioner is in custody since 27.02.2020.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Bochahan P.S. Case No. 61 of 2020 with following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.24700 of 2021(2) dt.17-11-2021 3/3 prosecution will be at liberty to move for cancellation of bail.

(Rajesh Kumar Verma, J) shahzad/- U T