Chuman Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38105 of 2023 Arising Out of PS. Case No.-409 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== CHUMAN SAHNI Son of Bahram Sahani Resident of village - Manjhariya, P.S. - Turkauliya (Raghunath Pur O.P.) Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 409 of 2022 dated 06.05.2022 registered for the offences punishable under Sections 272 and 273 read with 34 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 150 litres of country-made liquor was recovered from the two motorcycles.

Patna High Court CR. MISC. No.38105 of 2023(2) dt.28-06-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted Anticipatory Bail by the Co-ordinate Bench vide order dated 07.11.2022 passed in Criminal Misc. No. 57610 of 2022. The petitioner is accused in eight other criminal cases as stated at para 3 of the bail petition. The petitioner is in custody since 28.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 learned Court concerned, East Champaran at Motihari in connection with Turkauliya (Raghunathpur) P.S. Case No. 409 of 2022, with the condition :-

1. 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

Patna High Court CR. MISC. No.38105 of 2023(2) dt.28-06-2023 3/3 cause, the bail bond of the petitioner will liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U