Raj Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46935 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== 1.

Raj Kumar Sahni, S/O Saudagar Sahni, R/O Ward No. 9, Supaul Bazar, P.S.- Birol, Dist.- Darbhanga 2.

Vinod Sahni, Son Of Maji Sahni @ Manikchand Sahani, R/O Ward No. 6, Jayantipur, P.S.- Barhara, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioners seek bail in connection with Araria Excise Case No. 186 of 2022, registered for the alleged offence under Section 30 (a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, on the basis of secret information, a Bolero vehicle was intercepted and from the search of this vehicle, total 190 litres of India made foreign liquor was recovered. The petitioners are stated to be the driver

Patna High Court CR. MISC. No.46935 of 2022(2) dt.15-10-2022 2/3 and co-driver of the vehicle and they were apprehended from the spot.

The learned counsel for the petitioners submits that the petitioners being the driver and co-driver have no knowledge about the consignment and they were only doing their duty and they have no idea about the liquor loaded in the vehicle. Nothing incriminating has been recovered from their conscious possession. The prosecution report has been submitted in this case. the petitioners are in custody since 17.07.2022 and are having clean antecedents.

The learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of prosecution report and period of custody of the petitioners along with their clean antecedents, they are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judgecum-Special Judge-II, Excise, Araria, in connection with Araria Excise Case No. 186 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

Patna High Court CR. MISC. No.46935 of 2022(2) dt.15-10-2022 3/3 (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T