Rajendra Sahni @ Ravindra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18823 of 2022 Arising Out of PS. Case No.-116 Year-2020 Thana- PIPRAHI District- Sheohar ====================================================== RAJENDRA SAHNI @ RAVINDRA SAHNI Son of Bindeshwar Sahni Resident of Village - Dewapur, P.S.- Pachpakri, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-07-2022 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.

The petitioner seeks bail in connection with Piprahi P.S. Case No. 116/2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of total 478.200 liters Nepali country made liquor from bank of river. The petitioner was not apprehended on the spot and petitioner and others fled away from the place of occurrence. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.18823 of 2022(2) dt.22-07-2022 2/3 case. Petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. The name of petitioner has been sprang up in this case on the basis of secret information given by the spy. The alleged recovered liquor does not belong to the petitioner. The petitioner is languishing in custody since 19.01.2022 and bears criminal antecedent of two cases of similar nature. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody, petitioner was not apprehended on the spot, charge sheet has already been submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Sheohar in connection with Piprahi P.S. Case No. 116/2020, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.18823 of 2022(2) dt.22-07-2022 3/3 or sister or brother or wife or the person who has sworn the 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) amitkumar/- U T