Pankaj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52785 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== PANKAJ SAHNI Son of Kari Sahni Resident of Village - Mohmadpur, Sakra, Police Station - Bibhutipur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-10-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks bail in connection with Bibhutipur P.S. Case No. 19/2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of total 1521 liters foreign liquor from the truck in question. The petitioner and others fled away from the place of occurrence. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.52785 of 2022(2) dt.14-10-2022 2/3 of the petitioner. The petitioner is languishing in custody since 13.04.2022 and bears no criminal antecedent. He further submits that the name of petitioner surfaced in this case on the basis of confessional statement of co-accused, Amresh Rai. Coaccused, Amarjit @ Amarjeet has been granted Anticipatory bail by the co-ordinate Bench of this Court vide Cr. Misc. No.18711/2022 and the case of present petitioner stands on better footing as the petitioner is in judicial custody. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, 1st, Samastipur in connection with Bibhutipur P.S. Case No. 19/2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the

Patna High Court CR. MISC. No.52785 of 2022(2) dt.14-10-2022 3/3 affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T