Bishnu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5721 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== BISHNU SAHANI SON OF LATE JAGAN SAHANI RESIDENT OF VILLAGE- FULWARIYA MAHUAVA WARD NO 14 PS-DHANKA, DISTRICT-MOTIHARI ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-04-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 105 litres Nepali liquor from the field of sugarcane and petitioner was apprehended by the S.S.B. personnel along with a motorcycle.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Petitioner has no concern with the seized liquor and as a matter of fact, on the alleged date of occurrence he was returning from his relatives home and was arrested by the S.S.B. personnel. Petitioner has no criminal antecedent and he is in

Patna High Court CR. MISC. No.5721 of 2021(2) dt.13-04-2021 2/2 custody since 03.09.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with C-2 Case No. 332/2020, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) shahzad/- U T