Amrendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22366 of 2022 Arising Out of PS. Case No.-316 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== Amrendra Sahni Son Of Yugeshwar Sahni R/O- Salempur, P.S.- Lalganj, District- Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Lalganj P.S. Case No. 316 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 08.03.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 100 litres of illicit country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that recovery has been made from open place and as

Patna High Court CR. MISC. No.22366 of 2022(2) dt.22-07-2022 2/3 such, it cannot be said that the alleged recovery has been made from the conscious physical possession of the petitioner. It has further been submitted that petitioner has falsely been implicated due local issues. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that recovery has been made from open place.

Considering the facts and circumstances as mentioned above, as recovery has not been made from conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Lalganj P.S. Case No. 316 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1-Cum-Additional District and Sessions Judge, Vaishali at Hajipur/concerned Court, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically

Patna High Court CR. MISC. No.22366 of 2022(2) dt.22-07-2022 3/3 present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Pramila Devi, who is the wife of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/- U T