Deepak Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42115 of 2022 Arising Out of PS. Case No.-242 Year-2020 Thana- DURAULI District- Siwan ====================================================== 1.

DEEPAK SAHANI S/O LATE SHYAMLAL SAHANI , 2.

SANDEEP CHAUHAN @ SANDEEP S/O DASHRATH CHAUHAN Resident of village- Balahutola Tari, P.S.- Darauli, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 26-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Darauli P.S. Case No. 242/2020 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 38 (i) of the Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of total 400 liters country made Mahua liquor from the boat. Local Chaukidar disclosed the name of petitioners and others who fled away from the place of occurrence.

Patna High Court CR. MISC. No.42115 of 2022(2) dt.26-08-2022 2/3 Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. The petitioners were not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners further submits that the local Chaukidar disclosed the name of petitioners. There is nothing on record to show that the petitioners were involved in selling and manufacturing the illicit liquor. The petitioners are languishing in custody since 05.07.2022 and bear no criminal antecedent.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, period of custody, petitioners were not apprehended on the spot and keeping in view clean antecedent of petitioners and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-2nd cum Special Judge, Excise, Siwan in connection with Darauli P.S. Case No. 242/2020, subject to following conditions:-

Patna High Court CR. MISC. No.42115 of 2022(2) dt.26-08-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T