Rama Shankar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40066 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- SARAI District- Vaishali ====================================================== RAMA SHANKAR SAHANI Son of Daroga Sahani Resident of Village - Dumri, P.S.- Sarai, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kanchan Kumari For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-04-2021 Heard Ms. Kanchan Kumari, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Sarai P.S. Case No. 433 of 2020 registered for the offence under Section 30 (a), 35 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation as per the First Information Report is that Police on the basis of secret information proceeded towards the place of occurrence and recovered 4455 liters of illicit liquor from a truck. The driver and other persons surrounding the truck started fleeing away upon which the driver of the truck was

Patna High Court CR. MISC. No.40066 of 2020(6) dt.12-04-2021 2/3 caught by the Police and upon query the arrested driver of the truck revealed the name of the petitioner and other accused persons.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and has been made accused on the basis of disclosure of his name by the truck driver. Learned counsel further submits that petitioner is not the owner of the truck and no illicit liquor has been recovered from his conscious possession or the vehicle belonging to him. Learned counsel next submits that petitioner is in custody since 28.08.2020.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner is not the owner of the truck and other similarly situated accused person i.e. the truck driver has been granted bail in Cr. Misc. No. 13192 of 2020 by a Co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge

Patna High Court CR. MISC. No.40066 of 2020(6) dt.12-04-2021 3/3 2nd cum Special Excise Judge Vaishali at Hajipur in connection with Sarai P.S. Case No. 433 of 2020.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T