Sunil Sahni v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22169 of 2020 Arising Out of PS. Case No.-527 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Sunil Sahni Son of Ranjit Sahni Resident of Village - Nawada, P.S. - Motipur, District - Muzaffarpur, Bihar ... Petitioner

Versus

State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Anish Kumar, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2020 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Sections 30a/41(1) of the Bihar Prohibition and Excise Act.

In course of search, 1200 liters of spirit is said to have been recovered from a hut while the petitioner and three other co-accused persons managed to escape.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case on grudge and enmity. Petitioner has got no criminal antecedent and he is in custody since 10.2.2020. Nothing has been recovered from the possession of the petitioner nor the petitioner has been arrested on the spot. He is no way concerned with the recovery of spirit. The mandatory provision of law for search and seizure given under section 100 Cr.P.C. has not been followed.

Considering the quantity of recovery as well as the period of custody of the petitioner, let the petitioner, above

Patna High Court CR. MISC. No.22169 of 2020(2) dt.26-08-2020 2/2 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 the Special Judge, Excise Act, Muzaffarpur in Kati Police Station Case No. 527/2019 on 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T