Patna High CourtCR. MISC./22674/2024bail granted

Krishnandan Sahni v. The State Of Bihar

2024-03-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22674 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Krishnandan Sahni Son Of Khaltu Sahni @ Ram Sagar Sahni Resident Of Village- Ajgar Binalpur Bind Toli, Ps- Teghra, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Namita Sharma, Advocate :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Teghra P.S. Case No. 60 of 2023 instituted for the offences punishable under Sections 30(a), 30(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 18 litres of country-made liquor and 800 litres of mahua with manufacturing materials has been recovered from Ganga

Patna High Court CR. MISC. No.22674 of 2024(2) dt.22-03-2024 2/3 riverside.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the from the open place. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 15.01.2024 and has three criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. Case No. 60 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.22674 of 2024(2) dt.22-03-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T