Jitendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16823 of 2020 Arising Out of PS. Case No.-77 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== JITENDRA SAHNI, aged about 22 years (Male), Son of Ram Balak Sahani, Resident of Village- Ward No. 9, Shambhupatti, P.S.- Muffasil, DistrictSamastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar Singh, Advocate.

For the Opposite Party :

Mr. Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of the learned counsel for the petitioner. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered under Sections 414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that total 94.53 liters

Patna High Court CR. MISC. No.16823 of 2020(2) dt.13-05-2020 2/3 wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is languishing in custody since 15.02.2020. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 94.53 liters wine is recovered from the car in question. The car in question does not belong to the petitioner. There is no compliance of Section 100 Cr.P.C. There is no chance of the trial being concluded in near future.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Additional Sessions Judge-IInd-cum-Special Judge, Excise Act, Samastipur in connection with Mufassil P.S. Case No. 77 of 2020.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four

Patna High Court CR. MISC. No.16823 of 2020(2) dt.13-05-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T