Shatrudhan Sahani @ Shatrudhn Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45707 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== SHATRUDHAN SAHANI @ SHATRUDHN SAHNI, Son of Duman Sahni @ Mahant Sahni Resident of Village- Dhankaul, P.S.- Piprahi, DistrictSheohar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 16.06.2021, seeks regular bail in connection with Piprahi P.S. Case No. 111 of 2020, for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that altogether 20 litres and 30 litres of fermented toddy were recovered from the hut of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.45707 of 2021(2) dt.12-01-2022 2/3 implicated in this case. He further submits that small quantity of toddy, which is consumed as per the tradition in the area is said to be recovered from the hut of petitioner. He further submits that petitioner is not engaged in any business of selling of illicit liquor.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Rs. Fifty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sheohar in connection with Piprahi P.S. Case No. 41 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.45707 of 2021(2) dt.12-01-2022 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T