Patna High CourtCR. MISC./42767/2023bail granted

Shashi Sahni @ Shashi Chaudhary v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42767 of 2023 Arising Out of PS. Case No.-132 Year-2020 Thana- PIPRAKOTHI District- East Champaran ====================================================== Shashi Sahni @ Shashi Chaudhary Son Of Lalan Sahani @ Lalan Chaudhary Resident Of Village Hathiyahi, Ps- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjwal Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Piprakothi P.S. Case No. 132 of 2020 dated 03.05.2020 registered for the offences punishable u/ss 272 and 273 read with section 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 10 litres of illicit country made liquor was recovered from the house of the petitioner.

Patna High Court CR. MISC. No.42767 of 2023(2) dt.20-07-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got 10 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.02.2023.

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

7. 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, Motihari in connection with Piprakothi P.S. Case No. 132 of 2020 with the conditions:- (i). 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 cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to

Patna High Court CR. MISC. No.42767 of 2023(2) dt.20-07-2023 3/3 move for cancellation of his bail bond.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T