Raju Kumar @ Raju Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36971 of 2021 Arising Out of PS. Case No.-327 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Raju Kumar @ Raju Sahni Son of Gonour Sahani Resident of Village - Vijay Chhapra, P.S.- Ahiyapur, Dist.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Md. Andzarul Haque Sahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 13-12-2021 The applicant/accused in Crime No. 327 of 2020 registered with Ahiyapur Police Station for the offences punishable under sections 272, 273 of the Indian Penal Code and Section 30(a)/36 of Bihar Prohibition and Excise Act, 2018, by this application is seeking his release on bail during pendency of the trial.

Heard the learned counsel for the applicant as well as the learned APP.

On the basis of secret information, Abhay Kumar Singh, the police officer conducted raid at the house of one Mahendra Sahni and seized 108.840 liters of illicit liquor from his house. It is averred in the FIR that in front of house of said Mahendra Sahni, a motorcycle was standing. According to the

Patna High Court CR. MISC. No.36971 of 2021(2) dt.13-12-2021 2/3 prosecution case, the said motorcycle is belonging to the applicant.

The investigation of the crime in question is over. The applicant was not present at the time of incident. The motorcycle found on the spot is stated to be belonging to the applicant. Considering this material available on record, further pre-trial detention of the applicant is not warranted. It is stated that the applicant is not having any criminal antecedent. Therefore, the order.

The application is allowed.

The applicant/accused in Crime No. 327 of 2020 registered with Ahiyapur Police Station is directed to be released on bail on executing P.R. Bond of Rs. 10,000/- (Ten Thousand) on furnishing sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should not repeat the trial in expeditious disposal of the trial against him. (III) The applicant to remove all office objections

Patna High Court CR. MISC. No.36971 of 2021(2) dt.13-12-2021 3/3 forthwith and the Registry to issue bail-writ as per this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) Ravi/- U T