Raushan Sahni @ Raushan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29981 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Raushan Sahni @ Raushan Mukhiya, S/O Tuntun Sahni @ Tuntun Mukhiya, R/O- Pachahi, P.S.- Madhepur, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case. There is no recovery from the conscious possession of the petitioner, rather there is recovery of total 1449.015 liters of

Patna High Court CR. MISC. No.29981 of 2021(2) dt.13-08-2021 2/3 foreign liquor from the Truck. The said truck does not belong to the petitioner and he is only a co-passenger. The petitioner is languishing in custody since 31.12.2020. The petitioner has got no criminal antecedent, which is mentioned in para 3 of the bail application.

Learned APP for the State vehemently opposed the prayer for bail petition.

Petitioner is agreed to deposit a sum of Rs. 25,000/- (Rupees Twenty Five Thousand) in the PM Cares Fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Considering the aforesaid facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Special Excise Case No. 643/2020 arising out of Dagarua P. S. Case No.247/2020; subject to the following conditions: (i) that one of the bailors will be a close relative of the petitioner, who will be given an affidavit giving genealogy

Patna High Court CR. MISC. No.29981 of 2021(2) dt.13-08-2021 3/3 as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.25,000/- (Rupees Twenty Five Thousand) in the PM Cares fund.

(Anjani Kumar Sharan, J) amitkumar/- U T