Vinod Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53750 of 2022 Arising Out of PS. Case No.-160 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Munger ====================================================== Vinod Sahni S/o Late Shiv Sahni Resident of Village- Lallu Pokhar, P.S.- Kasim Bazar, District- Munger.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deep Nishi, Adv.
For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-10-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.
The petitioner seeks regular bail in connection with Excise P.S. Case No. 160 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. As per the prosecution case, the total recovery of 140 litres of wine alleged to be made in this case. Learned counsel for the petitioner submits that there is no criminal antecedent of the petitioner relating to excise matter. There is 2 cases pending against him but both cases are relating to other Sections in which he is on bail. Learned counsel for the
Patna High Court CR. MISC. No.53750 of 2022(2) dt.21-10-2022 2/3 petitioner further submits that he has apprehended on the place of occurrence but only on suspicion, he is in custody since 10.08.2022, charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail and submits that petitioner has criminal antecedent. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court Excise-II, Munger in connection with Excise P.S. Case No. 160 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of
Patna High Court CR. MISC. No.53750 of 2022(2) dt.21-10-2022 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T