Patna High CourtCR. MISC./53200/2023bail granted

Chuman Sahani v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53200 of 2023 Arising Out of PS. Case No.-311 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Chuman Sahani S/O Bahram Sahani R/O Village- Manjhariya, P.STurkauliya (RAGHUNATH Pur O.P.), Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Raghunath Pur) P.S. Case No. 311 of 2021 dated 10.04.2021 registered for the offences punishable u/ss 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 6.210 litres of illicit English liquor was recovered from the rented room of the

Patna High Court CR. MISC. No.53200 of 2023(2) dt.24-08-2023 2/3 petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in nine other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Turkauliya (Raghunath Pur) P.S. Case No. 311 of 2021, with the conditions :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar

Patna High Court CR. MISC. No.53200 of 2023(2) dt.24-08-2023 3/3 nature of offence in future, the prosecution will have liberty to move for cancellation of his bail bonds.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T