Mahesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19755 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== MAHESH SAHNI SON OF NANDLAL SAHANI R/O VILLAGEBARKAGAON, WARD NO.-02, P.S.- KARJA, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-06-2022 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 APP for the state.

The petitioner seeks regular bail in connection with Karja P.S. Case No. 153/2021, registered for the offences punishable under Sections 272/273/414/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. As per prosecution report, there is alleged recovery of 75 litres of spirit packed in polythene from the house of the petitioner.

Learned counsel for the petitioner submitted that petitioner is langushing in jail since 20.12.2021. Petitioner is having clean antecedent. It has been submitted that the recovery

Patna High Court CR. MISC. No.19755 of 2022(2) dt.07-06-2022 2/2 is being made from the open hut of the petitioner, in which petitioner uses store wood for kitchen purpose. The learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Court No. II, Muzaffarpur in connection with Karja P.S. Case No. 153/2021, Subject to following condition:- (i) One of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner shall co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned trial court itself.

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