Naresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78939 of 2018 Arising Out of PS. Case No.-178 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== Naresh Sahni S/o Chhathu Sahni @ Jagdish Sahni R/vill-Purvi Pakari, P.SDumariya Ghat, Distt.-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Dumariyaghat P.S. Case No. 178 of 2018 registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code read with Sections 30(a), 37(a)(b)(c) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 19 litres of country made liquor from the possession of petitioner.

It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 19.10.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.78939 of 2018(2) dt.29-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, in connection with Dumariyaghat P.S. Case No. 178 of 2018 subject to the conditions that:-

(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 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) veena/- U T