Patna High CourtCR. MISC./23139/2020bail granted

Mahesh Sahni v. The State Of Bihar

2020-09-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23139 of 2020 Arising Out of PS. Case No.-454 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== MAHESH SAHNI Son of Kailash Sahni Resident of Village - Pilkhi, P.S.- Sakra, 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.A.G ====================================================== 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 Sakra P.S. Case No. 454 of 2018, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

53.280 litres of liquor was recovered from the hut of petitioner.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. The hut does not belong to this petitioner. Nothing has been recovered from conscious

Patna High Court CR. MISC. No.23139 of 2020(2) dt.07-09-2020 2/2 possession of the petitioner. Petitioner is in custody since 25.02.2020 having clean antecedent.

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 Sakra P.S. Case No. 454 of 2018, 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