Chandan Kumar Shahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8957 of 2021 Arising Out of PS. Case No.-342 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== Chandan Kumar Shahni, Son Of Sakaldeep Shahni, Resident of VillageMohanpur, P.S.- Kudni, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-07-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Revilganj P.S. Case No.342 of 2020 registered for the offence punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

264 litres English wine has allegedly been recovered from a vehicle. The petitioner is stated to be the Driver.

Patna High Court CR. MISC. No.8957 of 2021(2) dt.01-07-2021 2/3 Petitioner's counsel submit that the petitioner is a man of clean antecedents. It is a case of false implication. The petitioner had no knowledge about the recovery in question. The same is also not in accordance with law. He is in custody since 25.09.2020.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 the learned 2nd Additional Sessions Judge-cumSpecial Judge (Excise Act), Saran, in connection with Revilganj P.S. Case No.342 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates,

Patna High Court CR. MISC. No.8957 of 2021(2) dt.01-07-2021 3/3 his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T