Chhotelal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18160 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== CHHOTELAL SAHNI Son of Ramayan Sahni @ Ramayan Malah Resident of Village - Vishunpur, P.S.- Yadopur, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr. Shri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-05-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Dhramveer, the learned counsel appearing for the petitioner and Shri Ashok Kumar, the learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Yadopur P.S. Case No. 74 of 2019 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 113.60 liters of illicit liquor from the place of occurrence. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.18160 of 2020(2) dt.14-05-2020 2/3 that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 07.02.2020.

Per contra, the learned APP appearing for the State has submitted that the petitioner is named in the FIR and there is specific allegation against him.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 07.02.2020, I deem it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of learned Additional District and Sessions Judge-IIcum-Special Judge, Excise, Gopalganj in connection with Yadopur P.S. Case No. 74 of 2019.

It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise,

Patna High Court CR. MISC. No.18160 of 2020(2) dt.14-05-2020 3/3 Gopalganj in connection with Yadopur P.S. Case No. 74 of 2019, failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically. The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U T