Patna High CourtCR. MISC./1502/2019bail granted

Fulkant Sahni @ Phool Kant Sahni v. The State Of Bihar

2019-01-24Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1502 of 2019 Arising Out of PS. Case No.-182 Year-2018 Thana- KHODAWANDPUR District- Begusarai ====================================================== Fulkant Sahni @ Phool Kant Sahni s/o Ram Balak Sahni Resident of Village - Kumbhi Chakka, P.S. - Khodawandpur (Chhaurahi O.P) District Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Khodawandpur P.S. Case No. 182 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 175 Litre of Mahua Wine from the lonely place (Chaur), which belonged to the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to village politics. Nothing has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 27.09.2018. 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.1502 of 2019(3) dt.24-01-2019 2/2 amount each to the satisfaction of learned Special Judge, Excise Act, Begusarai, in connection with Khodawandpur P.S. Case No. 182 of 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 offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/manojU T