Horil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49641 of 2022 Arising Out of PS. Case No.-10 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Horil Sahni, S/o Dhaneshwar Sahni R/o Village- Dadar, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner 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 petitioner seeks bail in connection with Ahiyapur P.S. Case No. 10 of 2021 registered for the alleged offences under Sections 272 and 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition Act and Excise Act.

As per prosecution case, total 200 litres of raw jawa (raw material for making country made liquor) was recovered and destroyed in the house of the petitioner. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and nothing

Patna High Court CR. MISC. No.49641 of 2022(2) dt.22-11-2022 2/3 has been recovered from his conscious possession. The petitioner was not apprehended from the pot and nothing incriminating has been recovered from his conscious possession. The petitioner is in custody since 25.07.2022 and charge-sheet has been submitted. The petitioner is having clean antecedent. Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and further considering his clean antecedent along with his period of custody and the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Muzaffarpur in connection with Ahiyapur P.S. Case No. 10 of 2021, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner 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

Patna High Court CR. MISC. No.49641 of 2022(2) dt.22-11-2022 3/3 bond of the petitioner will be liable to be cancelled by the court concerned.

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