Ganesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51146 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- PIPRIYA District- Lakhisarai ====================================================== GANESH SAHANI S/O NEPALI SAHNI R/O VILLAGE- MOHANPUR, PS. PIPARIYA, DIST. LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar,Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 18.04.2023 in connection with Piparia P.S. Case No. 47 of 2023, F.I.R. dated 05.04.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 9.200 liters of country made liquor.

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of the disclosure made by the local Chaukidar. Further submits that it appears from the FIR that altogether 9.200 liters of country made liquor was recovered from an open place near the Community Building of Mohanpur

Patna High Court CR. MISC. No.51146 of 2023(2) dt.11-08-2023 2/3 and the petitioner has no concern at all with the alleged recovery of illicit liquor and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 18.04.2023.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries four more cases other than the present one but fairly submits that out of four cases, two matters have been settled in the Lok Adalat and rest in two cases, the petitioner is on bail, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, let the petitioner, above named, 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 Additional Sessions Judge-Vcum-Exclusive Special Court-2, Excise Act, Lakhisarai in connection with Piparia P.S. Case No. 47 of 2023, with the following conditions:- (I) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.51146 of 2023(2) dt.11-08-2023 3/3 (II) 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.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T