Dharmendra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43181 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Dharmendra Sahani Son Of Mewalal Sahani Village- Siswa (SISAWA), P.S.- Banjariya, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in Banjariya P.S. case No. 67 of 2024 instituted for the offences under Sections 414, 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 45 liters liquor was recovered from motorcycle and the petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.43181 of 2024(2) dt.21-06-2024 2/3 has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the motorcycle in question. The petitioner is in custody since 28.04.2024 and has got five criminal antecedents. There is no compliance of Section 100 of Cr.P.C.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banjariya P.S. case No. 67 of 2024 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) The petitioner will not hamper the trial or temper
Patna High Court CR. MISC. No.43181 of 2024(2) dt.21-06-2024 3/3 with any prosecution evidence. If he is found involved in such incidence, the prosecution shall have liberty to take steps for cancellation of bail granted to the petitioner. (Rudra Prakash Mishra, J) Pankaj/- U T