Patna High CourtCR. MISC./30718/2024bail granted

Vikram Sahni @ Vikram Kumar Sahni v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30718 of 2024 Arising Out of PS. Case No.-153 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Vikram Sahni @ Vikram Kumar Sahni Son Of Chandrakumar Sahni Resident Of Village - Gohda Rupauli, P.S. - Musrigharari, District - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Hussamuddin Azad For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Musrighrari P.S. Case No. 153 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 5.625 liters of illegal liquor was recovered from a motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of disclosure by local Chaukidar. No incriminating article has been recovered from

Patna High Court CR. MISC. No.30718 of 2024(2) dt.23-04-2024 2/3 the conscious possession of the petitioner. Petitioner is neither the owner nor the driver of the seized vehicle in question. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 18.03.2024 and has four criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Musrigharari P.S. Case No. 153 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.30718 of 2024(2) dt.23-04-2024 3/3 (iii) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Arish/- U T