Jaichandra Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24027 of 2020 Arising Out of PS. Case No.-235 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== Jaichandra Kumar Sahani Son of Kailash Sahani Resident of Village - Muswa Bheriyari, P.S.- Sugauli, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

17-09-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in Sugauli P.S. Case No. 235 of 2020, registered for the offence punishable under Section 30(a)(d) of Bihar Prohibition and Excise Act 2016. As per prosecution case, 40 litres of country-made liquor and two copper instruments are alleged to have been recovered from the motorcycle of petitioner.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence and has falsely been implicated in this case on suspicion. It is further submitted that petitioner has no concern either with the illicit liquor or motorcycle. Motorcycle in question does not belong to petitioner and petitioner is in custody since 21-04-2020, having

Patna High Court CR. MISC. No.24027 of 2020(2) dt.17-09-2020 2/2 clean antecedent.

Considering the aforesaid facts, the petitioner abovenamed, is directed to be released 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 7th Addl. Sessions Judge cum Special Judge Excise, East Champaran, Motihari in connection with Sugauli P.S. Case No. 235 of 2020, 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.) anay U T