Jawahar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36745 of 2023 Arising Out of PS. Case No.-1019 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== JAWAHAR SAHANI Son of Late Uttam Sahni Resident of village - Chaknasir, Sukki, P.S. - Patepur, Distt. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Agamkuan P.S. Case No. 1019/2021 registered for the offences punishable under Sections 30(a), 32 and 41 (1) of the Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of total 7173 liters foreign liquor from truck in question. Petitioner is not apprehended on the spot and apprehended co-accused, Suresh Kumar disclosed the name of petitioner who is involved in the alleged occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.36745 of 2023(2) dt.15-06-2023 2/3 of the petitioner. The petitioner is languishing in custody since 12.05.2023 and bears no criminal antecedent. He further submits that petitioner has neither concerned with the said truck in question nor concerned with the seized liquor. Apprehended co-accused Suresh Kumar and Hira Mahto have also been granted bail by different co-ordinate Benches of this Court vide Cr. Misc. No.5277/2022 and Cr. Misc. No.4175/2022 respectively and the case of present petitioner stands on better footing.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail 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 Court of Excise, Patna City in connection with Agamkuan P.S. Case No. 1019/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.36745 of 2023(2) dt.15-06-2023 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T