Tamanna Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36483 of 2025 Arising Out of PS. Case No.-68 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== Tamanna Khan S/o Mukhtar Khan @ Siraj Khan R/o Village- Chakwa, P.S.- Bairgania, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Purnahiya P.S. Case No. 68 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2022.
3. As per the prosecution case, the police received a secret information that the three named accused persons including the petitioner were waiting to receive a large quantity of liquor and as such, the police conducted a raid and as they moved towards the persons, who were seen waiting for the consignment, they all started to flee, however, the local chowkidar and the villagers identified
2/4 them and named the said accused persons to be Prem Sahni, Deepak Sahni and Tammana Khan (petitioner). Upon search the raiding team recovered sacks from which a total of 537 litres Nepali liquor was seized.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he was neither apprehended with any incriminating article nor was found in the possession of the same. It has further been submitted that the petitioner has falsely been implicated only because he has one criminal case of similar nature. He further submits that the petitioner is in custody since 20.03.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the parties and taking into account that the petitioner was not apprehended at the place of occurrence the period of custody undergone, let the petitioner, above named, be released on bail on deposit of a sum of Rs. 5,000/- (Five
3/4 Thousand) before the Patna High Court Legal Services Committee, Patna and a receipt of the same shall be furnished before the learned Court below at the time of furnishing bail bond. Thereafter, he shall furnish bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Sheohar in connection Purnahiya P.S. Case No. 68 of 2024, subject to the conditions that:- a. One of the bailors of the petitioner shall be his/her close relative.
b. The petitioner shall remain physically present in Court on each date of trial. c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
d. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner.
4/4 However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
e. If the petitioner is found involved in a similar nature of offence, the prosecution shall be at liberty to move the lower court for cancellation of bail.
(Sourendra Pandey, J) aditya/- U T