Dinesh Sahani @ Billa Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38952 of 2021 Arising Out of PS. Case No.-362 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== Dinesh Sahani @ Billa Sahani Son Of Rambabu Sahani Resident Of VillageRailway Hunter Road, East Lohanipur, P.S.- Kadamkuaw, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. 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 connection with Kadamkuaw P.S. Case No. 362 of 2020 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 25.550 liters of illegal foreign liquor is said to have been recovered from the

Patna High Court CR. MISC. No.38952 of 2021(2) dt.17-09-2021 2/3 place of occurrence. He submits that the said recovery is from side wall house of the petitioner not from the possession and house of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case by the police due to suspicion. Petitioner has five criminal antecedents as has been mentioned in para-3 of the present petition and in all cases peitioner has been granted bail and he is languishing in custody since 27.01.2021.

Petitioner is agreed to deposit a sum of Rs. 10,000/- (Rupees Ten Thousand) in the Chief Minister's Relief Fund, Bihar bearing Account No.2065104000002257, IFSC Code: IFSC Code: IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.

Having regard to the facts and circumstances of case, let the above named petitioner, 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 learned court below where the case is pending/successor court in connection with Kadamkuaw P.S. Case No. 362 of 2020 subject to following conditions:

(1) One of the bailors will be own close relative of the

Patna High Court CR. MISC. No.38952 of 2021(2) dt.17-09-2021 3/3 petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/- (Rupees Ten Thousand) in the Chief Minister's Relief Fund, Bihar.

(Anjani Kumar Sharan, J) GAURAV S./- U T