Arjun Sahani @ Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24568 of 2025 Arising Out of PS. Case No.-553 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Arjun Sahani @ Arjun Kumar S/o Munilal Sahani @ Munnilal Sahani R/o vill- Konwa Tola, Bheriyari Muswa, Ps- Sugauli, District- East Chamapran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2025 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and the State.
2. The petitioner is apprehending arrest in connection with Sugauli P.S. Case No. 553 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. lodged on 17.12.2024 by the informant, Jai Prakash Kumar Singh.
3. As per the prosecution story, the Police upon secret information, raided the place where the accused managed to escape but there was recovery of 150 liters of country made liquor, the Chowkidar named this petitioner which led to the FIR.
4. Learned counsel for the petitioner submits that the Chowkidar has enmity, he do have criminal antecedent which
2/4 made it easier for him to name him, the recovery/seizure is from an open place is, ready to abide by the terms and conditions. The last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.20,000/- to the District Legal Services Authority, East Champaran at Motihari for the beautification of the Civil Court Campus, East Champaran at Motihari through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer.
6. Considering the submissions of the parties as also that the petitioner having been named in the FIR, will be facing the music, is ready to diligently appear in trial and if any fresh criminal case lodged against him, the present order shall become infructuous, in that that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.20,000/- to the District Legal Services Authority, East Champaran at Motihari for the beautification of the Civil Court Campus, East Champaran at Motihari through Demand Draft issued by the local branch of the State Bank of India.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a
3/4 period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Sugauli P.S. Case No. 553 of 2024 to the satisfaction of learned Special Judge Excise Court No.1, East Champaran, Motihari subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. Let a copy of this order be communicated to the learned Principal District and Sessions Judge, East Champaran, Motihari for his perusal and needful.
(Rajiv Roy, J) Ravi/- U T