Grahan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43521 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- BAGHA District- West Champaran ====================================================== 1.
Grahan Sahani S/O Late Shivratan Sahani R/O Village- Kailash Nagar, Ps. Bagaha (PATHKHAULI), Dist. West Champaran 2.
Pundeo Sahani @ Punyadeo Sahani S/O Late Laxman Sahani R/O VillageKailash Nagar, Ps. Bagaha (PATHKHAULI), Dist. West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :
Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 120.350 liters of foreign liquor is said to have recovered from the bank of Gandak river. He submits that allegation against the petitioners is that they along with other co-accused are engaged in the business of illicit liquor. He submits that there is no recovery made from the
Patna High Court CR. MISC. No.43521 of 2023(2) dt.18-08-2023 2/3 conscious possession of the petitioners. He further submits that petitioner no.2 has got no criminal antecedent and petitioner no.1 has got one criminal antecedent in similar nature as stated in para-3 of the bail application.
4. Petitioner no.1 is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) and petitioner no.2 is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
5. Considering the facts and circumstance of the case and the fact that there is no recovery from the conscious possession of the petitioners, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bagaha (Pathkhauli) P.S. Case No. 393 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
Patna High Court CR. MISC. No.43521 of 2023(2) dt.18-08-2023 3/3 (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioners will not indulge himself in any similar offence till conclusion of the trial.
6. The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) ajay/- U T