Teras Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39250 of 2024 Arising Out of PS. Case No.-429 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Teras Sahni, aged about 45 years, Male, S/O Deeplal Sahni @ Diplal Sahni, Resident of Village-Salempur, P.S. Lalganj, District Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party :
Mrs. Gulnar Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Lalganj P.S. Case No. 429 of 2023 dated 10.12.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per prosecution case, total 320 litres of illicit liquor was recovered from two places. Out of which, 120 litres of illicit liquor was recovered from the bhatti near Pachsiya pond and 200 litres of illicit liquor was recovered near the Taraknath temple situated at Kanjaha chak.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.39250 of 2024(2) dt.04-07-2024 2/3 present case. It is submitted that neither the petitioner was present at the place of occurrence nor any incriminating article has been recovered from the possession of the petitioner. The name of the petitioner has surfaced in the present case only on the basis of disclosure made by the local chaukidar. The petitioner was not apprehended on the spot. The petitioner has no concern with the alleged recovery. The other co-accused person Ajay Sahani has been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 19242 of 2024 under order dated 27.03.2024 annexed as Annexure-2 to the bail petition. The petitioner has ten criminal antecedents, out of which, in six cases, he is on bail, as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 08.04.2024.
5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at
Patna High Court CR. MISC. No.39250 of 2024(2) dt.04-07-2024 3/3 Hajipur in connection with Lalganj P.S. Case No. 429 of 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T