Rajesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18053 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- PIYAR District- Muzaffarpur ====================================================== RAJESH SAHNI Son of Sogarath Sahni @ Ram Swarth Sahni, Resident of Village- Bandra, P.S.- Pear, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan, Adv.

For the Opposite Party/s :

Mr.Satyadeo Singh Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-05-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 272, 273, 353, 120 (B) of the Indian Penal Code and Section 30(a), 33, 34, 36 of the Bihar Prohibition and Excise Act, 2016. Allegation is recovery of huge quantity of country made illicit liquor kept in a plastic bag from bamboo clamp of the house of Bhagwanlal Sahani.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.18053 of 2020(2) dt.13-05-2020 2/2 Nothing was recovered from his possession. Petitioner is in custody since 10.02.2020 having no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pear Case No. 39 of 2020, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T