Baban Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16401 of 2022 Arising Out of PS. Case No.-512 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Baban Sahni S/O Rajindra Sahani R/O Village- Bangra Nizamat, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State by virtual mode.

The petitioner seeks bail in connection with Sahebganj P. S. Case No. 512 of 2021 registered for the offences punishable under Section 272, 273, 34, of Indian Penal Code and under Section 30(a), 37(c) of the Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of 25 litre country made wine near the field of Ramnath where selling of the alleged liquor was being done and the petitioner was caught on the spot by the search party.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.16401 of 2022(2) dt.15-07-2022 2/3 petitioner is in custody since 17.11.2021 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the evidence. Learned counsel for the petitioner further submits that nothing has been recovered from the conscious possession of the petitioner and he has been falsely implicated in this case. Learned counsel for the petitioner further submits that alleged recovery has been made from a public land that does not belong to petitioner. The learned A.P.P. for the State vehemently opposes the prayer for the bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent, charge sheet has been submitted in the case and there is no likelihood of tampering the evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,00/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Court No.-2, Muzaffarpur in connection with Sahebganj P. S. Case No. 512 of 2021, subject to following conditions:- (I) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the

Patna High Court CR. MISC. No.16401 of 2022(2) dt.15-07-2022 3/3 affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) sanjeev/- U T