Ravi Kumar Sahni @ Ravi Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40466 of 2022 Arising Out of PS. Case No.-259 Year-2021 Thana- MITHANPURA District- Muzaffarpur ====================================================== RAVI KUMAR SAHNI @ RAVI SAHNI Son of Nand Kumar Sahni Resident of Village - Kanhauli Bishundut, Mohan Sahni Ka Tola, P.S.- Mithanpura, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defect(s) if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Mithanpura P.S. Case No. 259 of 2021, lodged under Section 414/34 of the Indian Penal Code and Section 30(a)/32(ii)/41(i) of the Bihar Prohibition & Excise Act, 2018.

As per prosecution case, total recovery of 30 litres wine from the Apache motorcycle and 748 litres wine from Mahindra Jeep. Learned counsel for the petitioner submits that neither motorcyle nor Mahindra Jeep belongs to the petitioner. He is neither driver now owner of the said vehicle. He further submits

Patna High Court CR. MISC. No.40466 of 2022(2) dt.27-08-2022 2/3 that his name has been figured in this case by virtue of confessional statement of one accused Niranjan Kumar. He is in custody since 10.02.2022. Charge-sheet has already filed, having clean antecedent. He further submits that the said Niranjan Kr. was already granted bail vide order dated 29.03.2022, passed in Cr. Misc. No.- 14316/2022. Learned APP for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (rupees thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. I, Muzaffarpur in connection with Mithanpura P.S. Case No. 259 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: (A.) The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

(B.) One of the bailor shall be close relative who

Patna High Court CR. MISC. No.40466 of 2022(2) dt.27-08-2022 3/3 shall file affidavit before the Court about his relationship with the petitioner.

(C.) The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ranjeet/- U T