Gobo Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44130 of 2021 Arising Out of PS. Case No.-5 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== Gobo Sahani S/O Amarjeet Sahani Resident Of Village-Dandari, P.SDandari, District-Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 26.3.2021 seeks regular bail in connection with Nimachandpura P.S. Case No. 05 of 2020 registered for the offence punishable under section 30(a) of Bihar Prohibition and Excise Act. Prosecution case in brief is that altogether 117.09 liters of illicit liquor was recovered from the Magic Van. Learned counsel for the petitioner submits that the named co-accused Vishal Sahni was apprehended on the spot and he named this petitioner as one of his associates. Learned counsel further submits that the petitioner has no

Patna High Court CR. MISC. No.44130 of 2021(2) dt.10-01-2022 2/3 concern with the co-accused who has disclosed his name in his confessional statement. He has neither concerned with recovered liquor nor the seized vehicle.

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

Considering the above mentioned facts and circumstances of the case, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 100,000/- (One lakh) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-2 cum Special Judge, Excise, Begusarai, in connection with Nimachandpura P.S. Case No. 05 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 cooperate 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 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

Patna High Court CR. MISC. No.44130 of 2021(2) dt.10-01-2022 3/3 nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) Ravi/- U T