Jitendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64049 of 2021 Arising Out of PS. Case No.-340 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Jitendra Sahni, aged about 45 years male, Son of Jagdish Sahni Resident of Village- Madhopur Hazari, P.S. - Sahebganj, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rudal Singh, Adv.

For the State :

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

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Sahebganj PS Case No. 340 of 2019, instituted for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act. 432.990 liters illicit English liquor has been recovered from the courtyard of co-accused Basant Sahni. Petitioner's implication is based on statement of co-accused Basant Sahni that illicit liquor was brought by the petitioner.

Patna High Court CR. MISC. No.64049 of 2021(2) dt.30-05-2022 2/3 Learned counsel for the petitioner submits that recovery is from the house of co-accused Basant Sahni. Merely, on his statement, the petitioner has been implicated in this case though he was not present at the place of recovery nor there is any recovery from his conscious possession. He is in custody since 03-09-2021 and stated to be on bail in the three cases pending against him, since before, as per disclosure made in paragraph No.3 of the bail petition. The investigation is also stated to be complete.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, period of custody, that there is no recovery from the petitioner and he was not present at the place of recovery as also the fact 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 the learned Additional Special Judge, Excise Act, Muzaffarpur, in connection with Sahebganj PS Case No. 340 of 2019, corresponding to GR No. 1482 of

Patna High Court CR. MISC. No.64049 of 2021(2) dt.30-05-2022 3/3 2019, 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, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T