Patna High CourtCR. MISC./32683/2020bail granted

Ram Punit Sahni v. The State Of Bihar

2021-02-20Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32683 of 2020 Arising Out of PS. Case No.-105 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RAM PUNIT SAHNI, S/o Yogendra Sahni R/o village- Rampur Keshopatti, P.S.- Samastipur (Mufassil), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2021 Heard Mr. Kumar Praveen, learned counsel for the petitioner and Mr. Atul Chandra, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Samastipur (Mufassil) P. S. Case No. 105 of 2020, dated 01.03.2020, instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

66 litres of liquor is said to have been recovered from beneath the heap of straw by the side of the house of the petitioner.

Patna High Court CR. MISC. No.32683 of 2020(2) dt.20-02-2021 2/3 The learned counsel for the petitioner has submitted that the place from where recovery has been made does not belong to the petitioner rather to somebody else. Though the petitioner has been made accused in three other cases, but in one such case, he has been acquitted and in the two other cases, he is on bail. Those cases are not under the Excise Act and are of the year 2004, 2005 and 2007 respectively.

Since there is no recovery from the constructive or exclusive possession of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II - cum - Special Judge (Excise Act), Samastipur, in connection with Samastipur (Mufassil) P. S. Case No. 105 of 2020, subject to the conditions as

Patna High Court CR. MISC. No.32683 of 2020(2) dt.20-02-2021 3/3 laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T