Patna High CourtCR. MISC./34210/2019bail granted

Laggi Sahani v. The State Of Bihar

2019-05-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34210 of 2019 Arising Out of PS. Case No.-453 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== LAGGI SAHANI, aged about 30 years, Male, Son of Chandradev Sahani Resident of Village - Akauna, P.S.- Chiraiya, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party :

Mr.Parmanand Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 30(a)(d) of the Bihar Excise Amendment Act, 2016.

There is allegation of recovery of 3.24 liters of country made liquor from the shop of the petitioner. Learned counsel for the petitioner seriously disputes the search and seizure which has not been conducted as per the mandatory provisions under section 100 of the Cr.P.C. He submits that the shop in question does not belong to the petitioner. Petitioner has no criminal antecedent. Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court

Patna High Court CR. MISC. No.34210 of 2019(2) dt.27-05-2019 2/2 below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Excise Judge, Motihari, East Champaran/ Court in seisin of Chiraiya Police Station Case No. 453 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) Shashi U T