Rambhoo Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49647 of 2021 Arising Out of PS. Case No.-573 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Rambhoo Sahani Son Of Keelan Sahani Resident Of Village - Chichurahiya, Police Station - Banjaiya, (Turkauliya), District - East Champaran. 2.
Gudu Sahani Son Of Suresh Sahani Resident Of Village - Chichurahiya, Police Station - Banjaiya, (Turkauliya), District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Pandey, Adv.
For the Opposite Party/s :
Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2022 Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 2. Permission is granted.
Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 2.
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 272, 273,
Patna High Court CR. MISC. No.49647 of 2021(4) dt.21-06-2022 2/3 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 62 litres of country made liquor is said to have recovered from the orchard which does not belong to the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Considering the facts and circumstances of the case and the fact that there is no recovery from the conscious possession of the petitioner, let the above named petitioner no. 1 in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.49647 of 2021(4) dt.21-06-2022 3/3 pending/successor court in connection with Banjariya (Turkauliya) P.S. Case No. 573 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.
(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) devendra/- U T