Pappu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41777 of 2021 Arising Out of PS. Case No.-277 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== PAPPU SAHNI S/O LATE BIHARI SAHNI @ BIHRU SAHNI R/O VILLAGE-BAKHRI GODIYARI, P.S-BAKHRI, DISTRICT-BEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad, Advocate.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 13.08.2020, seeks regular bail in connection with Bakhari P.S. Case No. 277 of 2020 for the offence punishable under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that altogether 45 litres of country made liquor along with 300 jerkins of raw materials were recovered from the Bhatta of co-accused Sajan Sahni. Accordingly, seizure-list was prepared. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.41777 of 2021(4) dt.22-01-2022 2/3 submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing incriminating was recovered from the conscious possession of the petitioner. Learned counsel further submits that co-accused Sajan Sahni from whose Bhatta illicit liquor was recovered has already been granted bail.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.1,00,000/- (Rupees one lac) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge cum Special Judge, Excise Act, Begusarai in connection with Bakhari P.S. Case No. 277 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.41777 of 2021(4) dt.22-01-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T