Teras Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31183 of 2024 Arising Out of PS. Case No.-565 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Teras Sahni Son of Deeplal Sahni @ Diplal Sahni Resident of VillageSalempur, P.S- Lalganj, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Vaishali P.S. Case No.565 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of total 160 litre of illicit liquor from possession of the petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not arrest on spot and his name surfaced on the basis of confessional statement of other co-accused person. It is submitted that recovery of alleged illicit liquor was not made from conscious

Patna High Court CR. MISC. No.31183 of 2024(2) dt.23-04-2024 2/3 physical possession of the petitioner and he has no concern with the alleged recovery of illicit liquor as well as place of recovery. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is in custody since 26.03.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Vaishali P.S. Case No.565 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2cum-Additional District and Sessions Judge, Vaishali at Hajipur. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition

Patna High Court CR. MISC. No.31183 of 2024(2) dt.23-04-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T