Chuman Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35714 of 2023 Arising Out of PS. Case No.-201 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Chuman Sahni S/O Bahram Sahni @ Lalbabu Sahni @ Lalu Sahani R/O Village- Majhariya, P.S- Turkauliya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Indu Kumari Srivastava, Advocate For the State :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Excise Case No. 201 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 21.03.2023.

4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there are recovery of 35 litres of country made liquor and 3600 Kg illicit raw materials from the bank of river.

5. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor and raw materials appears to be made from the bank of river as

Patna High Court CR. MISC. No.35714 of 2023(3) dt.04-08-2023 2/2 per seizure list, where name of this petitioner surfaced on the basis of suspicion as raised by local Chaukidar/secret information. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above, as alleged illicit liquor and raw materials appears to be recovered from an open place, accessible by general public coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 21.03.2023, accordingly, above named petitioner is directed to be released on bail in connection with Excise Case No. 201 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, Motihari, East Champaran/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T