Ranjeet Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41539 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Ranjeet Sahni Son of Ram Padarath Sahni @ Ram Prasad Sahni Resident of village - Jitwarpur, Indrawara, P.s. - Tajpur (Halai O.P.), Distt. - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
3. The petitioner seeks bail in connection with Jandaha P.S. Case No. 65 of 2023 registered for the offence under Sections 30(a), 32(i), 36(i) and 41(i) of the Bihar Prohibition and Excise Act.
4. The accused/petitioner is named in the F.I.R. and is in custody since 12.05.2023.
5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1918.080 litres of IMFL/country made liquor from the different alleged vehicle.
Patna High Court CR. MISC. No.41539 of 2023(2) dt.21-07-2023 2/3
6. Learned counsel appearing on behalf of the petitioner submitted that no illicit liquor recovered from physical possession of this petitioner and he was remanded in this case from Jandaha P.S. Case No. 20 of 2023. It is submitted that he is remanded in present case out of suspicion, as he found involved in five more criminal cases of similar nature, where he is on bail, having otherwise no bearing over the merit of present case.
7. Learned APP opposes the prayer of bail.
8. Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from physical possession of this petitioner, where petitioner is in custody since 12.05.2023, accordingly, above named petitioner is directed to be released on bail in connection with Jandaha P.S. Case No. 65 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. with further conditions:
"(i) That the petitioner shall
Patna High Court CR. MISC. No.41539 of 2023(2) dt.21-07-2023 3/3 not involve in similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till the conclusion of trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition."
(Chandra Shekhar Jha, J) pooja/- U T