Vishal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22855 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== VISHAL SAHNI Son of Fulo Sahni @ Fuleshwar Sahni Resident of Village -Dandari, Ward no.10, P.S.-Dandari, District - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Bhushan Poddar For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a) the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 117.09 litres from a Magic van which was being boarded by the FIR named accused persons including the petitioner, however, petitioner was apprehended on the spot and rest of the accused persons managed to flee away.

It has been submitted that petitioner is innocent and has falsely been implicated in this case. It is further submitted that petitioner is a labourer and he was called by one Wakil Sahni for unloading goods from the vehicle and the petitioner had no

Patna High Court CR. MISC. No.22855 of 2020(4) dt.11-11-2020 2/2 knowledge of liquor being loaded on vehicle. Petitioner has a clean antecedent and he is in custody since 27.01.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount in connection with Nimachandpura P.S. Case No.05/2020 to the satisfaction of learned court below where the case is pending, subject to the following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T