Dilip Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1086 of 2021 Arising Out of PS. Case No.-290 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== Dilip Kumar Sahni S/o Rajindra Sahani R/o Village- Katai, P.S.-Katra, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Nanpur P.S. Case No. 290 of 2020 registered for the offence under Sections 38/30(a) of Bihar Prohibition and Excise Act, 2016 and Sections 25(1b)A/26/35 of Arms Act. One mobile phone and five liters of illicit wine have been recovered from the scooty of this petitioner. It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of petitioner. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 24-07-2020, having no criminal antecedent. Chargesheet has been submitted.

Considering the aforesaid facts and circumstances as well as nature of accusation, the bail application of petitioner is

Patna High Court CR. MISC. No.1086 of 2021(2) dt.01-03-2021 2/2 allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge IInd cum Special Judge (Excise), Sitamarhi in connection with Nanpur P.S. Case No. 290 of 2020 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T