Ram Babu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32968 of 2021 Arising Out of PS. Case No.-73 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== RAM BABU SAHNI Son of Late Devki Sahni Resident of Village - Dharpur, P.S.- Meenapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Punam Shrivastava, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Meenapur (Muzaffarpur) P.S.Case No.73 of 2020 registered for the offence under Sections 272,273 of the Indian Penal Code besides under Sections 30(a)/41(1) of Bihar Prohibition and Excise Act, 2018. There is recovery of 1.110 liters of foreign liquor and 10 liters of sprit.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner was not arrested on the place of occurrence. He further submits that the name of the petitioner has transpired only on the basis of suspicion. He further submits that it appears from the FIR as well as seizure list that nothing has

Patna High Court CR. MISC. No.32968 of 2021(4) dt.15-02-2022 2/3 been recovered from the conscious possession of the petitioner rather the recovery has been made from so called Baithka which is outside the village. He further submits that the police, after investigation, submitted chargesheet against the petitioner and other co-accused persons and the petitioner is in custody since 06.02.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries seven more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Meenapur (Muzaffarpur) P.S.Case No.73 of 2020 with the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.32968 of 2021(4) dt.15-02-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T