Pappu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16401 of 2025 Arising Out of PS. Case No.-381 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Pappu Sahni S/o- Late Bihru Sahni @ Bihari Sahni Village- Bakhri Goriyari W.No-17, Ps- Bakhri Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate.
For the State :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bakhri P.S. Case No. 381 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
3. As per allegation, 225 liters of liquor has been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.
5. He further submits that the petitioner has been languishing in jail since 08.02.2025.
6. It has also been stated in paragraph no. 3 of the bail
Patna High Court CR. MISC. No.16401 of 2025(2) dt.19-03-2025 2/3 petition that the petitioner has earlier been made accused in nine other cases and he is on bail in all of them. He further submits that the petitioner will never repeat the similar offence or commit any offence. He undertakes that if the petitioner commits any offence under the excise act, his bail bond may be cancelled.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has moved this Court earlier for anticipatory bail which was rejected by this Court vide order dated 08.01.2025 passed in Cr. Misc. No. 87814 of 2024.
8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Begusarai in connection with Bakhri P.S. Case No. 381 of 2024 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that
Patna High Court CR. MISC. No.16401 of 2025(2) dt.19-03-2025 3/3 investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (vi) If the petitioner commits any offence of similar nature, his bail bond would get automatically canceled if any FIR is lodged against him under the Excise Act. (Jitendra Kumar, J) S.Ali/- U T