Baliram Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65584 of 2021 Arising Out of PS. Case No.-479 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== Baliram Sahni, male, aged about 28 years, Son of Parmeshwar Sahni, Resident of Village- Bathaul, P.S.- Nanpur, District- Sitamarhi (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-01-2022 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Nanpur P.S. Case No. 479 of 2020, dated 03.12.2020, instituted for the offences under Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The informant, who is a police officer, has alleged that on receiving confidential information that the F.I.R. named accused persons including the petitioner are engaged in trade of illicit liquor and that they have brought a truck from which liquor is being unloaded, the police party reached the place but on seeing them, the miscreants fled away.

Patna High Court CR. MISC. No.65584 of 2021(2) dt.22-01-2022 2/3 From the aforesaid truck, 405 litres of liquor was recovered. Two motorcycles were also recovered from the place of the raid.

The learned counsel for the petitioner has submitted that he has falsely been implicated in this case due to village rivalry and animosity. It has further been submitted that the petitioner is not the owner of either of the motorcycles so seized by the police. He was neither apprehended on the spot nor any liquor has been recovered from his constructive possession or from his house. On these grounds, it has been argued that no offence under the Excise Act can at all be said to have been made out against the petitioner.

The petitioner does not have criminal antecedents. Regard being had to the facts afore-stated, the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.65584 of 2021(2) dt.22-01-2022 3/3 learned Special Judge, Excise, Sitamarhi in connection with Nanpur P.S. Case No. 479 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with the following conditions:

(i) One of the bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned;

(ii) The petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the Court below;

(iii) If the petitioner tampers with the evidence or the witnesses of the case, the prosecution will be at liberty to move for his cancellation of bail; and (iv) If the petitioner is found to be involved in similar nature of offences after his release on bail, the Trial Court shall take steps to cancel his bail bond.

With the aforesaid observation/direction, the application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T