Arun Sahni @ Arun Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40216 of 2021 Arising Out of PS. Case No.-377 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== Arun Sahni @ Arun Kumar Choudhary Son of Rameshwar Choudhary Resident of Village - Laskara, P.S.- Tajpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is that he along with other co-accused persons were manufacturing illicit country made liquor.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious

Patna High Court CR. MISC. No.40216 of 2021(2) dt.08-10-2021 2/3 possession of the petitioner rather Mahua mixture and gud, gas cylinder and utensil are said to have been recovered at the spot. He further submits that petitioner has one criminal antecedent of similar nature as stated in para-3 of the bail application and he is languishing in judicial custody since 11.05.2021. Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No. 2065104000002257, IFSC IBKL 0002065, IDBI Bank, Kidwaipuri Branch, Patna. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Tajpur P.S. Case No. 377 of 2020, subject to the conditions:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

Patna High Court CR. MISC. No.40216 of 2021(2) dt.08-10-2021 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000.00 (Rupees Twenty Thousand) in the Chief Minister Relief Fund Bihar.

(Anjani Kumar Sharan, J) devendra/- U T