Jai Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32446 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Jai Kumar Sahni son of Shiv Lagan Sahni Resident of Village- Harpur Bhindi, Police Station- Tajpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar, Adv.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sarairanjan P.S. Case No. 365 of 2022 lodged under Sections 147, 148, 149, 332, 307, 353, 504, 420, 467, 468, 471 of the I.P.C. read with Sections 25(1-B) (a) 26, 27, 35 of the Arms Act and Sections 30(a), 32(i), 32(ii), 36, 41(i), 45, 62 of Bihar Prohibition and Excise Amendment Act 2022.
As per the prosecution case, the total recovery of 2,615 litre of wine is the subject matter of the present case. Learned counsel for the petitioner submits that in the F.I.R., there are in total 26 persons were made accused including the present petitioner. Counsel submits that the petitioner has not been apprehended from the place of occurrence rather his name has figured in this case by virtue of confessional statement
Patna High Court CR. MISC. No.32446 of 2023(2) dt.07-06-2023 2/2 of one Mukesh Mahto.
Counsel further submits that petitioner is in custody since 22.03.2023 having clean antecedent. Counsel submits that the other similarly situated co-accused persons have been granted bail by the Co-ordinate Bench of this Hon'ble Court vide order dated 10.05.2023 and 18.05.2023 passed in Cr. Misc. No.17934 of 2023 and Cr. Misc. No.29268 of 2023. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-02, Samastipur in connection with Sarairanjan P.S. Case No. 365 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) prakashmani/- U T