Dilip Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.355 of 2019 Arising Out of PS. Case No.-495 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== Dilip Sahni s/o Ganesh Sahni, r/o village Benipur, Hanuman Nagar, P.S. Bahera, district Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bahera P.S. Case No.495/18 registered for the offence punishable under Sections 30(a)/32(ii)/41(i) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 60.75 litres foreign liquor from the house of one Dukhan Sahni where petitioner was found sleeping.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Nothing has been recovered from the house of the petitioner. Petitioner is in custody since 16.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.355 of 2019(3) dt.28-01-2019 2/2 amount each to the satisfaction of learned Additional Sessions Judge IV-cum-Special Judge, Darbhanga in connection with G.O. P.S. Case No.1030/2018, Bahera P.S. Case No.495/2018 with 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