Ravindra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27680 of 2015 Arising Out of PS.Case No. -156 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ravindra Sahani Son of Badari Sahani resident of village- Muzwa Bherihari, P.S.- Sugauli, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party : Mr. Anant Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-09-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 272 and 273 of the I.P.C and section 47 (a) of the Excise Act.

Allegedly, acting on a tip off raid was conducted and from the field of the petitioner manufacturing unit of wine, three gallon illicit liquor containing 50 liters each, Gur three bags, five kilogram Nausadar etc. as per seizure list were recovered and seized.

Submission is that the petitioner was not caught at the spot. The field does not belong to the petitioner and he has been

Patna High Court Cr.Misc. No.27680 of 2015 (3) dt.23-09-2015 2/2 falsely named by the village chaukidar and others and now he by remaining in custody since 10.05.2015 has been sufficiently penalized and as charge-sheet has already been submitted there is no chance of tampering with the prosecution evidence, to which the learned A.P.P. does not oppose.

Considering detention of the petitioner and further noticing that charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to 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 C.J.M. Motihari East Champaran in Sugauli P.S. Case No. 156 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T