Binesh Kumar Sahni @ Bhulla Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38893 of 2021 Arising Out of PS. Case No.-161 Year-2019 Thana- MAHESHKHUNT District- Khagaria ====================================================== BINESH KUMAR SAHNI @ BHULLA SAHNI S/o Suresh Sahni R/o Malipur, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2021 Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Md. Iftekhar Mahmood, learned counsel appearing for the State through video conferencing. Petitioner has renewed his prayer for bail in connection with Maheshkhut P.S. Case No. 161 of 2019 registered under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018 inasmuch as earlier the bail application of the petitioner was rejected by this Court with liberty to renew his prayer after three months. The allegation against the petitioner is that Police recovered a total quantity of 866 liters of Indian Make Foreign Liquor from the Pick Up Van which was standing by the road side and on the basis of the Registration No., Police alleged that the vehicle belonged to the petitioner.

Learned counsel for the petitioner submits that petitioner is not the owner of the vehicle i.e. Pick Up Van from where illicit liquor has been recovered and he is in custody

Patna High Court CR. MISC. No.38893 of 2021(2) dt.04-08-2021 2/2 since 28.8.2020 and the charge sheet has already been submitted in this matter, there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail. Having regard to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 28.8.2020, charge sheet has already been submitted, there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail and this is second attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs.

25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Khagaria in connection with Maheshkhut P.S. Case No. 161 of 2019. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T