Baidyanath Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53952 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== BAIDYANATH SAHNI SON OF LATE KANHAI SAHNI RESIDENT OF VILLAGE- SHAHPUR PITAUNJHIYA, P.S- HATHAURI, DISTMUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Ranjan, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 29-04-2022 The applicant/accused in Muzaffarpur Excise Case No. 132 of 2021, P.R. No. 107 of 2021 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Amendment Excise Act, 2018, by this application is seeking his release on bail during pendency of the trial. Heard both sides.
According to the prosecution case, official of excise department received secret information that the applicant and co-accused Darvesh Sahni are openly selling illicit liquor. House of Darvesh Sahni was raided and the applicant was apprehended on the spot. From the house of Darvesh Sahni 45 litres of illicit liquor came to be seized.
The investigation of the subject crime is over. The
Patna High Court CR. MISC. No.53952 of 2021(2) dt.29-04-2022 2/3 applicant is not having any criminal antecedents. Therefore, further pre-trial detention of the applicant is not warranted and hence the order:- i. The application is allowed.
ii. The applicant/accused in Muzaffarpur Excise Case No. 132 of 2021, Muzaffarpur P.R. No. 107 of 2021 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Amendment Excise Act, 2018, be released on bail on executing P.R. bond of Rs. 10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in
Patna High Court CR. MISC. No.53952 of 2021(2) dt.29-04-2022 3/3 commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.
(A. M. Badar, J) shahzad/- U T