Sanjay Sahani @ Hanuman Sahani @ Sanju Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23128 of 2020 Arising Out of PS. Case No.-193 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SANJAY SAHANI @ HANUMAN SAHANI @ SANJU SAHANI Son of Vishwanath Sahani Resident of Village - Vijay Chhapra Rasulpur, P.S.- Ahiyapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Ahiyapur P.S. Case No. 193 of 2020, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and section 30(a)/36 of the Bihar Prohibition and Excise Act.

120.885 litres of foreign liquor is alleged to have been recovered from the house of co-accused Awadhesh Sahani. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. There is no recovery

Patna High Court CR. MISC. No.23128 of 2020(2) dt.07-09-2020 2/2 from possession of this petitioner. Petitioner has been remanded in this case on 17.04.2020. Charge sheet has already been submitted.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 193 of 2020 subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T