Jimmedar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37837 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Jimmedar Sahni S/O Lagan Sahni R/O village- Hathiyahi, P.S. - Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachina, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Sections 272, 273 and 308/34 of the Indian Penal Code and Sections 30(a) and 32 of the Bihar Excise Act.

3. As per allegation in the FIR, 23 liters of country made liquor has been recovered from the shop of the petitioner. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and no independent witness of seizure list, petitioner has no concern with the seized liquor and petitioner is in custody since 27.03.2024.

Patna High Court CR. MISC. No.37837 of 2024(2) dt.22-05-2024 2/2 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Piprakothi P.S. Case No. 293 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, East Champaran at Motihari.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T