Raj Kishore Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66883 of 2021 Arising Out of PS. Case No.-183 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== Raj Kishore Sahni, Son of Rudal Sahani Village - Sonaul khan, Malahi, Tola, P.S. - Suppi, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Suppi P.S. Case No. 183 of 2021, registered for the offence under Sections 30(a), of the Bihar Prohibition and Excise Act. Recovery is of 43.800 litres of Nepali Saufi wine made from the house of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has been falsely implicated in the present case only on the basis of the disclosure made by the co-accused Dharmendra Kumar Rai. He further

Patna High Court CR. MISC. No.66883 of 2021(2) dt.08-03-2022 2/3 submits that nothing has been recovered from the conscious possession of the petitioner rather alleged recovery has been made from the house of the petitioner. He further submits that the police after investigation submitted charge-sheet against the petitioner and other accused persons. The petitioner is in custody since 15.09.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the fact and circumstances of the case, 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 Addl. District & Sessions Judge-cum-Special Judge, Excise, Sitamarhi, in connection with Suppi P.S.Case No. 183 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.66883 of 2021(2) dt.08-03-2022 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) khushbu/- U T