Patna High CourtCR. MISC./48558/2017bail granted

Devendra Sahni v. The State Of Bihar

2017-10-12Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.48558 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48558 of 2017 Arising Out of PS.Case No. -324 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Devendra Sahni S/o Bilash Sahni, R/o Village- Vijay Chhapra, P.S.- Ahiyapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mithilesh Kumar Jha For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioner seeks regular bail in connection with Kurhni P.S. Case No. 324 of 2017, registered for offences punishable under Sections 32(II),l 41(1) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case is that police on information that a pick up van has met with an accident reached near the place of occurrence and found some smell of wine was coming out from the vehicle and found some broken bottles of liquor therein and, thereafter, police lodged the case against owner and driver of the vehicle.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and only happens to be driver of the vehicle. Further he has no criminal antecedent and he

Patna High Court Cr.Misc. No.48558 of 2017 (2) dt.12-10-2017 has sufficiently been punished for the said offence as he has been in judicial custody since 20.08.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Kurhni P.S. Case No. 324 of 2017.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T