Ashok Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63449 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- CHANDAN District- Banka ====================================================== Ashok Sahni, Son of Late Shyamlal Sahni, Resident of Village- Near Durga Mandir, Purabsarai, P.S.- Kotwali, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Nishi, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-05-2022 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Chandan P.S. Case No.90 of 2021 registered for the offence punishable under Sections 30(a)(g), 32(2) of the Bihar Prohibition and Excise Act, 2018.

150.09 litres illicit liquor has been recovered from a four-wheeler vehicle coming from Deoghar side. Petitioner is stated to be the Driver.

Petitioner's counsel submits that the petitioner was a professional Driver and had no knowledge about the illicit liquor being kept in the vehicle. He has one antecedents, as per disclosure made in paragraph 3 of the bail application. He is in custody since 19.06.2021. There is no compliance of Section

Patna High Court CR. MISC. No.63449 of 2021(2) dt.30-05-2022 2/3 100 Cr.P.C. and the alleged seizure is contrary to law. Investigation is also complete.

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

Considering the rival submissions, the period of custody as also the submission that investigation is complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

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-II, Banka, in connection with Chandan P.S. Case No.90 of 2021, 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

Patna High Court CR. MISC. No.63449 of 2021(2) dt.30-05-2022 3/3 to do so on two consecutive dates, 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