Raj Kumar @ Raj Kumar Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67095 of 2018 Arising Out of PS. Case No.-406 Year-2018 Thana- BAGHA District- West Champaran ======================================================

1. Raj Kumar @ Raj Kumar Sahni, Son of Lorik Sahni, Resident of Nitesh Nagar, P.S.- Laukariya, District- West Champaran, Bettiah.

2. Madan Sahni, Son of Chandar Sahni, Resident of Narainapur, P.S.- Bagaha (Patkauli), District- West Champaran, Bettiah. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Gupta For the Opposite Party/s :

Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2018 Heard the parties.

The petitioners seek regular bail in connection with Patkhauli P.S.Case No.406 of 2018 registered for offences punishable under Sections 30(a) of the Bihar Prohibtion Excise Act, 2016.

Allegation against the petitioners is about recovery of 155 ltrs. of liquor from the boat and the accused persons succeeded in fleeing away , however, the petitioners and other accused persons are named in the FIR and it further appears that the petitioner no.1 is accused in one more case. Submission of the learned counsel for the petitioners is that nothing has been recovered from the conscious

Patna High Court Cr.Misc. No.67095 of 2018(2) dt.27-11-2018 2/3 possession of the petitioners and they have been arrested only on suspicion and moreover the petitioner no.1 is accused in one more case but he is on bail in that case. Both the petitioners are in custody since 10.8.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, West Champaran, Bettiah in connection with Patkhauli P.S.Case No.406 of 2018..

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any

Patna High Court Cr.Misc. No.67095 of 2018(2) dt.27-11-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T